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Has the employment ended – or hasn’t it?
In Mr Clutch Auto Centres v Blakemore, rather surprisingly the Tribunal found that the employee’s employment continued in circumstances where both parties considered that it had ended – the employer on the basis that the employee had resigned, and the employee on the basis that he had been dismissed. The EAT considered that the Tribunal had been wrong to find this. The employee’s claims for unfair and wrongful dismissal indicated that he was effectively accepting the employer’s alleged repudiatory breach of contract and that the Tribunal had misdirected itself in finding that the Claimant’s employment had continued, especially where there was no dispute between the parties that the employment had in fact ended.
The Tribunal instead had suggested that the Claimant should bring a claim for unpaid wages rather than constructive dismissal since it found that his employment continued. The EAT held that this was not an appropriate comment for the Tribunal to make as it was not an issue which had been raised by the parties.
This legal update is provided for general information purposes only and should not be applied to specific circumstances without prior consultation with us.
For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222.
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