Two recent cases in the High Court have established that employers can enforce notice periods by injunction (Sunrise Brokers LLP v Rodgers and Elsevier Ltd v Munro), even though they had stopped paying the employees.
In both cases:
The High Court found that because the employees had made it clear that they were not willing to work, the fact that the employers had not paid them did not bring the contract to an end.
What does this mean for employers?
If a key employee seeks to resign in breach of their notice period provisions:
If you have any immediate queries about the issues raised in this article, or you receive an employee’s resignation which you suspect may be a repudiatory breach, please do contact the authors or your usual Fox Williams’ adviser.