Handed notice it told to leave **SETTLED WITH EMPLOYER**

[becky2585]

The basic position is that an employee can give as much notice as they like. If that's reduced by the employer, that becomes a dismissal (and probably an unfair one).

 

In short, there could be a theoretical claim for the remainder - and if the company car was a contractual benefit then that should be included.

[becky2585]

If the facts of the cases are substantially similar (similar termination date and a dismissal arising out of the same facts) then a joint claim can be brought. Otherwise they would have to be separate.

[becky2585]

There's no statutory (ie legislative) provision for that and it's governed by common law (ie case law) principles.

 

It's settled law that an employer's counter notice will be treated as a dismissal in these circumstances and will serve to bring the termination date forward (this case deals with that fact - http://www.bailii.org/uk/cases/UKEAT/2012/0455_11_0902.html)

 

But again, at common law, the employees compensation for unfair dismissal will be limited to the date on which their original notice would expire.

 

Hope that helps.