29 November 2007
Williams v Optical Express Ltd [2007] All ER (D) 416 (Oct)
Where an employer faced with a redundancy situation imposes changes on an employee which amount to a fundamental breach, the employee is entitlement to a redundancy payment if he resigns after working under protest for a reasonable trial period.
However, where there is an offer and acceptance of a new contract of employment by reference to the four-week trial period in the Employment Rights Act 1996, s 138 an employee cannot rely on the original dismissal or constructive dismissal to claim a redundancy payment unless, within the trial period, he exercises the rights given by ss 138(2) and (3) to terminate the contract.
