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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 The employer had intended to terminate her contract therefore it could not be unilaterally withdrawn.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.
Judgement has been handed down for the seminal case of Cardtronics UK Ltd and others (Respondents) v Sykes and others (Valuation Officers) (Appellants) [2020] UKSC 21.
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Following an MP debate on 5 November 2019, the government is due to release long-awaited guidance as to how it intends to protect workers in the retail industry against violence, harassment and abuse.
Some commentators had anticipated that persisting retail sector challenges might disrupt more than the make-up of the high street or commercial property negotiations between landlords and tenants.
Mandatory registration under the Drone Safe Drone and Model Aircraft Registration and Education Service starts at 00.00 on 30 November 2019.
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