Addleshaw Goddard

UK 200 2013 position: 23

Employee who resigned in repudiatory breach is held to notice period without pay

The High Court has held that an employer was entitled to waive an employee’s repudiatory breach of contract and keep the contract of employment alive.

The practical impact of this was that the employee was held to his notice period and prevented from working for a competitor. Further, the court decided that the employer was not obliged to pay the employee in circumstances where he was refusing to return to work.

The non-performance of the employee’s obligation to work excused the employer’s obligation to pay salary, but it did not bring the contract to an end (Sunrise Brokers LLP v Rodgers)…

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