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When issuing a notice of termination of employment the general rule is that a clear and unambiguous notice is to be taken at face value and an employer has no right to withdraw it. However, there are certain situations (e.g. where notice is given in the heat of the moment) where this does not apply. These are known as the “special circumstances” exceptions.
What about when an employer intends to terminate the employment but on the basis of a misunderstanding? The Court of Appeal has held in CF Capital v Willoughby that an employer’s mistake in issuing notice of termination before agreement with the employee had been reached was not a special circumstance. The employer had intended to terminate her contract therefore it could not be unilaterally withdrawn.
If there is any scope for misunderstanding in a dismissal scenario employers are advised to send a note of the proposal and seek agreement from the employee before issuing the notice of termination.
The last two weeks have seen yet another flurry of announcements regarding big high street names including Thomas Cook, Argos, Karen Millen and Coast.
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As part of the continued tightening of the restrictions on drone use within UK airspace, the latest amendments to the Air Navigation Order 2016 come into force on 30 November 2019.
H&M is the latest retailer to confront its landlords about this ‘two tier retail market’ in an attempt to explore and negotiate more favourable terms.
Ann Summers is the latest retailer to have entered into new voluntary deals with the majority of their landlords, rather than using the CVA process.
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