||All England Reporter
|| All ER (D) 120 (Aug)
||Employment Appeal Tribunal
Lindsay J, Mr A Tuffin and Miss D Whittingham
||The employee appeared in person.
||William Birtles (instructed by Penny Carne Mylles & Co, Windsor) for the employer.
||19 July 2002
Employment - Contract of service - Breach of contract - Contract specifying days on which employment could be terminated on notice - Employer giving insufficient notice - Employment tribunal giving effect to notice as if contractual provisions applied - Whether tribunal in error - Whether employee entitled to recover for loss of benefits to which he had no contractual entitlement - s 123(3).
Section123(3) of the was not restricted only to matters to which there had been a contractual entitlement or in respect of which some contractual expectation existed. Furthermore, where the employer, in breach of the contract of employment, gave insufficient notice of dismissal, and the contract provided that the employment could only be terminated on specified days, there was considerable force in the view that the notice should be given effect so as to terminate employment from the first appropriate available date, notwithstanding that was not the date contained in the notice.
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