Kelly v Riveroak Associates Ltd: EAT 31 Oct 2005

EAT Unfair Dismissal
Appellant alleged dismissal by service of P45 on 3 April: Respondent alleged resignation by Appellant on 7 February. ET concluded that employment continued until 4 June, and thus claim fell as premature. ET erred in failing to find that contract was terminated on 3 April, and should then have considered whether on the balance of probabilities there was a dismissal and if so whether it was (for a substantial other reason or otherwise) fair.

Judges:

Burton J P

Citations:

UKEAT/0290/05, [2005] UKEAT 0290 – 05 – 3110

Links:

Bailii, EAT

Employment

Updated: 04 July 2022; Ref: scu.235055