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Little v Richmond Pharmacology Ltd - Notice "with immediate effect" and the Effective Date of Termination [2011] EAT

Giving notice with immediate effect means what it says; unless the circumstances suggest that there was some form of cooling-off period that revealed that the claimant never actually intended to resign, then nothing the parties subsequently do can alter the immediate termination of the employment relationship that has occured. 

Ms Little applied for flexible working, but her employer Richmond Pharamacology Ltd (RPL) refused. This refusal followed some disagreements between RPL and Ms Little about her maternity leave and other matters, and so on 19th July 2010, by e-mail, she resigned with immediate effect alleging constructive dismissal. RPL asked her to consider, and met with her on 22nd July to discuss options, but on 26th July 2010 Ms Little e-mailed that her resignation of 19th July stood. RPL then asked if she wished to return to work to serve out her notice period or whether she still wanted her resignation to take immediate effect.

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