The claimant had worked for the employer for many years. There was a disagreement, and the employee said ‘I am leaving, I want my cards’. He claimed unfair dismissal.
Held: The EAT upheld the employer’s appeal against a finding of unfair dismissal. although it was undesirable for an employer to accept a resignation of long serving employee without giving him a chance to reconsider his decision nevertheless where the words were clear and unambiguous the employer was entitled to accept the resignation. Arnold J: ‘But we do not think there is anything in industrial law which could be employed to reverse the conclusion that there was here a resignation merely by reason of the reservation which we have about the desirability from the point of view of general industrial relations of accepting finally without any invitation to reconsider a resignation which comes out in this way.’
Judges:
Arnold J
Citations:
[1978] ICR 1149
Cited by:
Cited – Kwik-Fit (GB) Ltd v Lineham EAT 5-Feb-1992
The applicant claimed unfair dismissal. The employer replied that the employee had resigned.
Held: The employer’s appeal was dismissed. The resignation had taken place in a heated moment, and it was not conclusive. An employer may not be able . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 01 May 2022; Ref: scu.251734
