Constructive dismissal: notice period and affirmation of contract
An employee can accept (affirm) a repudiatory breach of contract if a longer notice period is given than required by the contract of employment. This will thereby forfeit their ability to claim constructive dismissal.
The facts of this case — Cockram (‘C’) v Air Products plc (‘A’) — concerned C who resigned from his employment in response to the outcome of a grievance procedure that he considered to be a fundamental breach by A of the implied term of trust and confidence. In his letter of resignation, he gave seven months’ notice rather than the contractual three months. C’s letter of resignation stated that: ‘I have no other work secured to enable me to leave immediately and I need to work for a reasonable period of time and it is for this reason only that I am giving notice.’ …
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Briefings from Winckworth Sherwood
James Lynas, a partner at Winckworth Sherwood specialising in education employment law, highlights easily avoidable human resources errors that can cost schools dear.
Name or shame: complying with the name and charitable status provisions of the Co-operative and Community Benefit Societies Act 2014
This note focuses on two key provisions of the Act which deal with the requirement to display the name and charitable status of registered societies.