A recent decision in the Court of Appeal has highlighted the importance of applying careful consideration to every potential decision prior to taking action.

The Court of Appeal has held in CF Capital v Willoughby that an employer cannot unilaterally retract an intended, unambiguous written notice of termination given to an employee on the basis that the notice was premature and/or a mistake. In the case in question the employer and employee had discussed the employee ceasing to be an employee of the employer and instead working on a self employed basis then, prior to any arrangements being finalised, the employer notified the employee that her employment would terminate and that an alternative agreement would commence.

The employee informed the employer that she did not wish to accept the alternative arrangement and that her employment was terminated as a result of the employer’s letter and subsequently pursued a claim for unfair dismissal.

Please contact DTM’s Employment Team for advice and assistance with your employment law related queries