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Breach of contract: Ambiguously worded provision of contract did not exclude right to pay in lieu of notice

This report relates to 1 case(s)

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    T & K Home Improvements Ltd v Skilton EAT/486/98 (0 other reports)

A clause in a contract of employment providing that the employee could be dismissed with immediate effect, if he failed to achieve his performance target was ambiguous, holds the EAT in T & K Home Improvements Ltd v Skilton 18.3.99 EAT 486/98, and did not of itself exclude the employee's right to pay for the contractual notice period. Moreover, a term of a professionally drafted contract denying an employee his or her contractual right to notice should be drafted in clear and unambiguous terms that make it clear to the employee the exact nature of his or her contractual liability.