The Claimant resigned giving 4 weeks' notice as his original contract had stipulated. However, some months before his resignation the Respondent gave him an alternative contract which said that only 1 weeks' notice was required. The Claimant objected to this alteration, saying that 1 week was not long enough to find another job. The Claimant alleged that agreement was reached that the required period of notice to be given by him would remain at 4 weeks. When he resigned, the Respondent immediately waived the requirement of notice and paid him for just one week. The ET awarded him 4 week's notice pay and the Respondent appealed this decision along with issues relating to the payment of a bonus and commission

The EAT dismissed the appeal, holding that the Respondent had merely waived the Claimant's obligation to work and that the contract continued.