In this case an employee resigned with immediate effect, however the employer subsequently informed the employee that the resignation was to commence at a later date. The EAT found the following:
- The EAT gave short shrift to the employer’s argument and made it clear that the date of resignation is a question of statute not contract.
- The employee in this case had given a clear resignation with immediate effect and the law will not allow the EDT to be based on uncertainties, such as whether the letter was read by the intended recipients.
- The employer could not unilaterally alter the EDT.
Key point: This case highlights the importance of calculating the correct EDT. The EDT can be important for many reasons, particularly for an employee who may wish to bring a claim.
Horwood v Lincolnshire County Council 2012