The Claimant resigned from her job giving the requisite 2 months notice but asking to be released earlier if possible. The Respondent only had to give 1 weeks notice according to the contract. The Respondent did release the Claimant early but the ET regarded this as wrongful dismissal and awarded the Claimant 1 month's pay after she had mitigated her loss. The Respondent appealed.

The EAT allowed the appeal. There was no wrongful dismissal and therefore the Claimant was not entitled to notice pay. Even if the EAT was wrong about that, the award should have been no more than 1 weeks pay.