EAT on 20th May 2005, case no. UKEAT/0032/05/DM, reported at [2005] IRLR 680
NOTES

  • Kerry Foods Ltd v Lynch, EAT on 20th May 2005 reported at [2005] IRLR 680
  • The full text of this judgment is available free of charge on the EAT website.

    Representation:

  • Mr P. Rose QC instructed by Messrs Blake Lapthorn Linnel, Solicitors, Harbour Court, Compass Road, North Harbour, Portsmouth appeared for Jerry Foods, the Appellant
  • Mr P. Cadney instructed by Messrs Ford Simey, Solicitors, Hertford House, Southernhay Gardens, Exeter EX1 1EJ for Mr Lynch
    Authority for the propositions that:-

    1. an employer's service of a lawful notice of termination coupled with an offer of continuous employment on different terms cannot of itself amount to a repudiatory breach of contract
    2. the giving of contractual lawful notice by an employer cannot of itself constitute a breach of the implied term of trust and confidence.

    For relevant general notes see Changes to terms of employment and Constructive dismissal/a general note and/or Implied terms in employment contracts/duties of employer .


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    prepared July2005