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Constructive dismissal: Employment terminated on expiry not giving of notice in constructive dismissal scenario

This report relates to 1 case(s)

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    Peterborough Regional College v Gidney EAT/1270/97 (0 other reports)

An employment tribunal was wrong to regard the contract of employment of a constructively dismissed employee as having terminated on the date he resigned by giving notice in accordance with the contract, holds the EAT in Peterborough Regional College v Gidney 19.1.99 EAT 1270/97. The contract terminated on the expiry of the notice, unless some subsequent arrangement was proven to have taken place, and the tribunal had not been precluded from looking at events after the notice was given when it came to examine the question of compensation.

Mr Gidney was employed as a senior lecturer by Peterborough Regional College ("the college"). On 1 July 1996, he resigned, stating in a letter of the same date that he was doing so, as previously agreed, "in line with [his] contract of employment". The summer term ended on 31 August, and the autumn term ended on 31 December. His contract provided that not less than three months' notice had to be given to bring it to an end by retirement at the end of the summer term, and for not less than two months' notice to retire at the end of the autumn term.