Cavenagh v William Evans Ltd  IRLR 679 CA
Reports relating to this case:
- 6 November 2012
In Cavenagh v William Evans Ltd  IRLR 679 CA, the Court of Appeal held that an employer that elected to terminate a contract of employment by making explicit use of an express pay in lieu of notice clause could not avoid the obligation to make the payment in lieu of notice by relying on prior misconduct by the employee that was not noticed until after the dismissal.
Pay in lieu of notice: discovery of gross misconduct after termination did not absolve employer of debt
- 29 May 2012
The Court of Appeal has held that a debt claim for a company's failure to provide pay in lieu of notice to a former employee could not be defended by the discovery after the termination of employment that he committed gross misconduct while in employment.