After a full consultation process a membr of staff with two years continuous service was dismissed by way of redundancy.  The contractual notice would end on 11/09/2015.  The member of staff requested he utilise outstanding annual leave and be released from his contract ealier.  Due to ongoing work commitments, this request was regrettably denied.

The member of staff has stated that he is leaving on 02/09/2015 regardless of what the Company wishes to do.

He has not submitted his resignation in writing, more signalled his intent to leave.  Due to the time frame, we would not be able to pursue as a disciplinary issue!

I have the following questions

Would this be considered a breach of contract (staff stide), as he did not give adequate notice

Could this be treated as a resignation?  If so, will he have any rights to SRP

Thoughts please

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