The EAT holds in Marshall (Cambridge) Ltd v Hamblin that, by exercising a contractual right to make a payment in lieu of notice, an employer can waive, or cut short, a period of notice given by a resigning employee, without this amounting to a dismissal. This was so, even though the payment made took no account of the loss of substantial commission to the employee for the balance of the original notice period.
XpertHR is part of the LexisNexis® Risk Solutions Group portfolio of brands.
The materials and information included in the XpertHR service are provided for reference purposes only. They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. Use of the service is subject to our terms and conditions.
Copyright © 2021 LexisNexis Risk Solutions Group
© 2021 LexisNexis Risk Solutions Group.