||All England Reporter
|| All ER (D) 204 (Nov)
||Court of Appeal, Civil Division
Ward, Schiemann and Longmore LJJ
||Toby Kempster (instructed by the National Association of Headteachers, Haywards Heath) for the employee.
||Peter Oldham (instructed by Robert Miles) for the employer.
||14 November 2002
Employment - Wrongful dismissal - Termination of contract of employment - Contract terminated by summary dismissal or employee taking ill-health retirement.
In all the circumstances, the proper construction to be placed on the communications that passed between employee and employer was that the employee was willing to retire if and when she received an ill-health pension. Since, applying the Teachers' Pensions Regulations 1997, the employee became eligible for the pension the day after her entitlement to sick pay at half-normal salary ended, that was the day upon which she retired. Accordingly, a subsequent letter from the employer was not a summary dismissal.
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