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Saturday, May 23, 2026

Monthly Highlights – UK Employment Law – September 2023 ... - JD Supra

This month we explore a recent Employment Appeal Tribunal case relating to the termination of employment by mutual agreement despite the employee receiving a dismissal letter. We also explore a recent Employment Tribunal case where it was held that an employee was entitled to a statutory redundancy payment where the employee changed their mind after previously unreasonably refusing an offer of suitable alternative employment. We also discuss new statutory rights for workers under the Workers (Predictable Terms and Conditions) Act 2023, which received Royal Assent on 19 September 2023.

1. Employment terminated by mutual agreement despite dismissal letter.

In Riley v Direct Line Insurance Group plc, the Employment Appeal Tribunal held that the Employment Tribunal was entitled to reject an employee’s unfair dismissal claim on the basis that his employment was terminated by mutual agreement rather than dismissal.

Facts

  • The claimant had autism spectrum disorder, anxiety and depression. He was employed by the respondent from March 2012 and was enrolled on the respondent’s private health insurance scheme, which offered support until retirement in the event of incapacity.
  • The claimant was absent from work from 2014 to October 2017 due to anxiety and depression. During this time, he was paid 80% of his base salary under the scheme. The claimant was absent again in May 2018.
  • The respondent held a meeting with the claimant in August 2018 and provided the claimant with the option...


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