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No right unilaterally to retract dismissal even in special circumstances (News, 24 October 2011)

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Published on: 24 October 2011

Published by a LexisNexis Employment expert

Article summary

Where an employer, intending to dismiss an employee, sends to her a clear and unambiguous notice of dismissal, accompanied by an offer of self-employment to commence on expiry of that notice, believing (wrongly) that she will accept the latter, (1) she is entitled simply to accept that notice and treat herself as dismissed, (2) the normal rule applies that the employer is not entitled unilaterally to retract or withdraw the notice, and (3) the so-called 'special circumstances' exception, under which some such notices have, in the past, not been allowed to take effect (eg where purported dismissal occurred in the heat of the moment), (a) is only relevant in cases where the true intention of the giver of the notice is not in tune with the words he used, which was not the case here because the employer did intend to dismiss, and (b) is not a true exception to that rule, but rather a category of cases...

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