Chivas Brothers Ltd v Millar (Contract of Employment : Notice and pay in lieu) [2011] UKEAT 0032_10_2601 (26 January 2011)

Chivas Brothers Ltd v Millar (Contract of Employment : Notice and pay in lieu) [2011] UKEAT 0032_10_2601 (26 January 2011)

The facts and correspondence demonstrated a mutually agreed termination through ill health retirement, not a dismissal by the employer. The claimant's subsequent query about notice pay did not alter the prior agreement to terminate. Therefore, the claimant was not entitled to pay in lieu of notice.

Citation
[2011] UKEAT 0032_10_2601
Parties
Claimant: Mr Millar; Respondent: Chivas Brothers Ltd
Jurisdiction
United Kingdom
Judgment Date
26 January 2011
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment
Outcome
Appeal allowed; claim dismissed
Legal Topics
Contract of Employment, Notice and Pay in Lieu, Ill Health Retirement, Mutual Termination, Dismissal
Employment Law Contract of Employment Notice and Pay in Lieu Ill Health Retirement Mutual Termination Dismissal

Case Brief

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Parties

Mr Millar

Claimant

Chivas Brothers Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the claimant's employment was terminated by the respondent or by mutual agreement
  2. 2 Whether the claimant is entitled to pay in lieu of notice

Ratio Decidendi

The facts and correspondence demonstrated a mutually agreed termination through ill health retirement, not a dismissal by the employer. The claimant's subsequent query about notice pay did not alter the prior agreement to terminate. Therefore, the claimant was not entitled to pay in lieu of notice.

Court Disposition

Appeal allowed; claim dismissed

Orders

  • The appeal is upheld.
  • The claimant's claim for pay in lieu of notice is dismissed.