Hi, you mention the employer accepted the resignation with immediate effect yet also state that the employee had resigned giving a month's notice - which one is correct - did they resign with notice or without notice?
Thanks, ***** ***** presume the contractual notice period required to be given by the employee was 1 month?
ok, so the employee resigned with notice and in the absence of a PILON clause the employer would have been acting in breach of contract by terminating them summarily. If the employee accepted the breach by agreeing to end their employment early, even with no PILON, then they would basically be affirming the breach and not be able to rely on it. However, if they did not in any way accept the breach by the employer and reiterated that they are willing to continue working until their contractual notice period expires, the contract could continue in existence until that date and in the circumstances it could take them over the required 2 year threshold.
Having looked at the resources I have I could not find anything that specific. That does not mean there aren't any but they may be more obscure ones or not as well known. For this you really need a barrister who can go away and spend some time researching but obviously the costs would be much higher than these
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