Tom Findlay & Co Ltd v Devlin - Not requiring a resigned employee to attend work is not dismissal  EAT
Mrs Devlin resigned. Although statute required only 1 week's notice and her contract required only 4, she gave 12 weeks notice. She said her employment would end on 25 November 2005 unless an earlier date suited Findlay, her employer. Having found a replacement for her, Findlay wrote advising Mrs Devlin that she would be paid until 25 November but that she could finish work as of 21 October 2005. Mrs Devlin claimed unfair dismissal and won. Findlay appealed to the EAT.