EAT UNFAIR DISMISSAL: Dismissal/ambiguous resignation
Issue as to whether employees were ‘dismissed’.
The employer resolved to remove the employees’ contractual entitlement to company-cars. Attempts to achieve consensual variation of the contracts to that effect were followed by letters referring to termination of employment and re-engagement. The employees then signed new terms without the previous company-car provisions.
On the issue of whether there had been any ‘dismissals’, an Employment Tribunal found that the new terms had been achieved by agreement to vary rather than termination.
On appeal, the Employment Appeal Tribunal was satisfied that the only proper construction of the letters was that the employees had been dismissed by notice in writing and then re-engaged on less favourable terms.
Citations:
[2008] UKEAT 0447 – 07 – 1408
Links:
Employment
Updated: 19 July 2022; Ref: scu.272561