Belief that an employee had resigned was sufficient to justify dismissal. The expression of a wish to resign is capable of being ‘some other substantial reason for dismissal’.
If an employer mistakenly does not know of a valid reason for a dismissal but in fact such a reason exists then the fact that the employer mistakenly thought, for example, that there was a resignation will not prevent there being a fair reason even though he did not appreciate that there was one at the time.
Citations:
Times 15-Jul-1993, Independent 23-Jul-1993, [1994] 1 ICR 164
Statutes:
Employment Protection (Consolidation) Act 1978 57(1)(b)
Jurisdiction:
England and Wales
Cited by:
Cited – Cortest Ltd v O’Toole EAT 7-Nov-2007
EAT Unfair dismissal – Constructive dismissal – Dismissal/ambiguous resignation – Reason for dismissal including substantial other reason – Automatically unfair reasons
Dismissal or resignation. The . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 10 May 2022; Ref: scu.80304