EAT UNFAIR DISMISSAL: Dismissal/ambiguous resignation
1. The claimant handed in a letter of resignation to the respondents and he was then given a period of about 30 minutes to reconsider his decision.
2. He confirmed that he wished to resign but he later sought to change his mind.
3. The claimant claimed that he had been unfairly dismissed.
4. The Employment Tribunal held that the claimant had resigned and therefore no claim could be brought for unfair dismissal.
5. The claimant appealed contending that that there were special circumstances which existed in this case which showed that he had not validly resigned and that he could bring himself with one of the exceptions to the general rule in Southern v Franks Charlesly [1981] IRLR 278 as he resigned in the heat of the moment.
Held: The Employment Tribunal were correct to hold that this was a valid resignation and that the claimant could not bring himself with one of the exceptions to the general rule in Southern v Franks Charlesly [1981] IRLR 278
Judges:
Silber J
Citations:
[2008] UKEAT 0313 – 08 – 2710
Links:
Statutes:
Employment Appeal Tribunal (Amendment Rules) 2001, Employment Appeal Tribunal (Amendment Rules) 2004, Employment Rights Act 1996 95
Citing:
Cited – Sothern v Frank Charlesly and Co CA 1981
Where an employee gives an unequivocal and unambiguous notice of his resignation, then that can be accepted by an employer and there is no dismissal. Where the unambiguous words are said in a moment of anger or in the heat of the moment or where . .
Cited – Greater Glasgow Health Board v Mackay SCS 1989
The Court was asked to consider whether an employee, who wrote out a letter of resignation, had actually resigned in the light of the special state of anxiety of the employee when he wrote that letter.
Held: Lord Wylie said: ‘where possible . .
Cited – Sovereign House Security Services Ltd v Savage CA 1989
S was employed as a Security Officer. After discovering a cash shortage, his superior, P, rang him and suspended him forthwith pending police investigations. S responded by saying ‘I am not having any of that, you can stuff it, I am not taking the . .
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 . .
Cited by:
Cited – Willoughby v C F Capital Plc EAT 13-Jul-2010
EAT UNFAIR DISMISSAL – Dismissal/ambiguous resignation
Whether employee was dismissed – unambiguous words of dismissal used by employer – Tribunal erred in law in holding that by reason of ‘special . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 19 July 2022; Ref: scu.277181