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Employment Law

Legal guidance - compliance - software

09 OCT 2014

Cockram v Air Products plc [2014] IRLR 672; UKEAT/0038/14; (2014) EMPLR 056

Edward  Benson


21 May 2014

Employment Appeal Tribunal

Simler J

The giving of notice of greater length than is required by the contract is inconsistent with a subsequent claim for constructive dismissal. By giving longer notice than is required, the employee is treated as ‘affirming’ the contract despite any fundamental breach by the employer.

After C’s grievance and appeal were rejected, he resigned giving seven months’ notice (though required only to give three), saying that was for financial reasons. He complained of constructive dismissal. His claim was struck out by the tribunal as having no reasonable prospect of success. By continuing to work for considerably longer than was required by the notice provisions of his contract, he had affirmed the contract and so ceased to be entitled to resign without notice (a requirement for constructive dismissals). The EAT upheld the tribunal’s decision.
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