Summary Dismissal

Employment Law – Employment Lawyers - Summary Dismissal – Termination of Employment Contract


In the case of Geys v Société Générale, London Branch [2010] the High Court determined when an employee’s employment contract was terminated by his employer. The court reached the conclusion that the employee's employment contract did not terminate on the date his employer informed him in writing that he was summarily dismissed. It also did not terminate on the date that a payment in lieu of notice was made to him.

The court held that an employee’s employment contract continued until the date the employer:

”Unequivocally communicated its decision to exercise its contractual right to summarily terminate by making a payment in lieu of notice”.

Employers should ensure that such communication is carried out in the event employees are summarily dismissed.

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© RT COOPERS, 2010. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.


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