I Didn't Mean To Levy

To give notice doesn't necessarily mean to resign.

Unhappy with her manager, Mrs Levy successfully applied for another position in a different department, within the same organisation (subject to references).

She preceded to write to her Manager stating 'Please accept one month's 'notice' from the above date'. Mrs Levy's ‘notice' was accepted as her resignation from the organisation and her final date of employment was confirmed.

A few days later, the new job offer was withdrawn (because of a poor reference from her Manager) and Mrs Levy requested to withdraw her 'notice'. Her Manager refused.

Levy subsequently brought a claim of unfair dismissal. The employment tribunal found in favour of the claimant and held that she had been unfairly dismissed. Mrs Levy was awarded £25,000.

This case serves as an exemplar for Employers that the burden of providing clarity in communication is on your shoulders! Mitigate against costly misinterpretations.

a) understand the reason behind all resignations

b) agree the notice period in writing and

c) request a signed resignation.

#Tribunals #EmploymentLaw