Source: All England Reporter
Publisher Citation: [2001] All ER (D) 196 (May)
Court: Employment Appeal Tribunal, Scotland
Judge:

Lord Johnston, Miss S Ayre and Mr P Hunter

Representation Ian Meth of Ian S Meth, Glasgow for the appellant.
  John McDonald of McArthur Stanton, Dumbarton for the respondent.
Judgment Dates: 25 April 2001

Catchwords

Employment - Contract - Date of termination - Employer terminating applicant's contract prior to implementing appeal procedure - Whether contract of employment subsisting until appeals procedure exhausted.

The Case

Whatever the terms of a contract of employment, if it was terminated in fact by an employer, it was immaterial whether that termination was in breach of contract. It was erroneous to assume that an appeals procedure clause automatically applied.

Practice Areas

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