Release from work does not amount to a dismissal

• Author:
• CMS Cameron McKenna

The recent decision of the Scottish Employment Appeal Tribunal in Tom Findlay & Co. Ltd v Mrs M Devlin [2007] provides a useful reminder of two key points in relation to resignation by an employee:

An employee who submits a resignation on proper notice is not entitled to withdraw it. In tendering their resignation an employee is asserting a right – they are not making an offer which needs to be accepted before it can be effective. When, following such resignation, the employer hir... (311 more words)

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