Resignation should be unambiguous to be valid

legal_updates

The importance of definitive notice was highlighted in a recent Employment Appeal Tribunal case.

Author: Kiril Moskovchuk
Published:
Reading time: 1 minute

This article is 4 years old.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

It is established law that an employee’s resignation should be clear and unambiguous to take effect, be the notice given verbally, in writing or resignation is implied by conduct.

The importance of definitive notice was highlighted in a recent Employment Appeal Tribunal case East Kent Hospitals University NHS Foundation Trust v Levy.

Ms Levy received a conditional offer for a post within the hospital but this offer was subsequently withdrawn. In the meantime, she had written to her current manager saying: “Please accept one month’s notice from the above date”. The hospital accepted this as a resignation notice. Ms Levy thought she was dismissed unfairly and lodged a claim with the Employment Tribunal.

On appeal, it was confirmed that the written notice to the manager was too ambiguous to be construed as a resignation notice. It was not clear wether Ms Levy was resigning from her present job or from the new position then offered to her.

If in doubt, it is always best to seek clarification from the employee whether or not resignation was intended.

Kiril Moskovchuk

Legal Advisor

Read more by this author

Getting in touch

You can contact us via the form or you can call us on 01480 455500.