Extended Notice Period Offer Sees Constructive Dismissal Claim Rejected

A constructive dismissal claim has been dismissed by Jersey's Employment Tribunal because the claimant offered to work an extended notice period so that her employer could find a replacement.

The case shows – says Walkers senior counsel Daniel Read – how important it is for employers and employees in disputes to take legal advice at the earliest possible stage.

The tribunal heard that the claimant in the case, a manager employed by a local charity who had been in her role for two and a half years, had offered to extend her contractual notice period of one month to three months to give the charity time to find a replacement, and also to give herself time to find another job.