5 Essex Court

News

4 Mar 22 Back to Listing

Alastair Hodge acts for employer in successfully arguing “no dismissal” of employee in the Employment Appeal Tribunal in Fentem v. Outform EMEA Ltd.

F, the employee, resigned from his post following the company’s change of ownership by giving notice. His employer brought forward the termination date by way of a payment in lieu of notice in line with the express terms of the contract. The EAT upheld the decision of the Employment Tribunal that there is no dismissal within the meaning of section 95 of the Employment Rights Act 1996 where an employer relies on an express contractual term to bring forward date of resignation.

Alastair Hodge was acting for Outform EMEA Ltd and was led by Adam Solomon QC from Littleton Chambers.