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Ely v. YKK


Court of Appeal

Announcement of intention to resign justifies dismissal.
Employee's appeal against finding that his dismissal was not unfair and that his expression of an intention to resign provided justification for his dismissal under s57(1)(b)Employment Protection(Consolidation)Act 1978. HELD: The appellant had told his employer that he intended to resign to take up a job in Australia & a few months later he was asked to confirm the date he wished to leave. He said that he no longer intended to emigrate. However his employer had already engaged & trained a replacement & was entitled to refuse to accept his change of mind.
Appeal dismissed.

(1994) ICR 164,(1993) IRLR 500

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