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Dismissal: Payment in lieu cuts short notice period

This report relates to 1 case(s)

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    Marshall (Cambridge) Ltd v Hamblin EAT/705/91 (0 other reports)

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.