www.employmentappeals.gov.uk/Public/Upload/EATS.0071.06.MTjudgment1.doc

The Scottish EAT had occasion to underline the principle that an employee who resigns on proper notice may not withdraw such resignation and confirmed that an employer may recruit a replacement before expiry of notice. In Tom Findlay & Co Ltd v Mrs Devlin, Mrs Devlin tendered notice of resignation in excess of her statutory minimum. Her resignation was accepted, the employer noting that if they found a replacement they would release her early and pay her in lieu. This they did when a replacement was found. Mrs Devlin claimed that she had been unfairly dismissed and the tribunal agreed with her. The EAT overturned the tribunal’s decision, commenting that the company had not dismissed Mrs Devlin, merely released her from the obligation to work the rest of her notice.

And finally…

The draft Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2007 are due to come into force on 1 April 2008. They provide that agencies or employment businesses must ensure that a ‘work-seeker’ who takes up additional services will be able to give notice to cancel or withdraw from those services without detriment or penalty. Agencies or employment businesses must provide work-seekers with a statement of this right.