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ARTICLE · 18 JANUARY 2008

Release From Work Does Not Amount To A Dismissal

The recent decision of the Scottish Employment Appeal Tribunal in Tom Findlay Co. Ltd v Mrs M Devlin UKEATS/0071/06 provides a useful reminder of two key points in relation to resignation by an employee.

United KingdomEmployment and HR
Simon Jeffreys
Simon Jeffreys
Alison Woods
Alison Woods

The recent decision of the Scottish Employment Appeal Tribunal in Tom Findlay & Co. Ltd v Mrs M Devlin UKEATS/0071/06 provides a useful reminder of two key points in relation to resignation by an employee:

1. An employee who submits a resignation on proper notice is not entitled to withdraw it. In tendering their resignation an employee is asserting a right – they are not making an offer which needs to be accepted before it can be effective.

2. When, following such resignation, the employer hires a replacement who is available to start work before the notice period has expired, putting an employee on "garden leave" does not amount to a dismissal.

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