- Giving ‘notice’ may not amount to resignation from employment (East Kent Hospitals University NHS Foundation Trust v Levy)
- What are the practical implications of this judgment?
- What is the relevant background?
- Background law
- Background facts
- The decision of the employment tribunal
- What did the EAT decide?
- Case details
Employment analysis: If an employee states that they are giving ‘notice’ that may not be an unambiguous resignation from employment. The particular context and circumstances must be taken into account. If the statement is ambiguous then the question will be how it would have been understood by a reasonable recipient, taking into account the particular circumstances known to the recipient at the time. Light may be shed on those circumstances by events afterwards but only if they are genuinely explanatory of what had happened and do not reflect a change of mind, according to the EAT.
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