EAT Unfair dismissal – dismissal/ambiguous resignation
ET was required to decide a preliminary issue whether the Respondent agreed that the Claimant could withdraw his notice. In a majority judgment, they failed to address that issue, but held that the Appellant was on some (unclear) other basis dismissed. Remitted to a different tribunal to decide all issues (i) did he give notice (ii) was it withdrawable/withdrawn (iii) was there an agreement to such withdrawal (iv) if dismissal was it fair?
Judges:
Burton J
Citations:
[2006] UKEAT 0234 – 06 – 0507
Links:
Citing:
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: 07 July 2022; Ref: scu.245127
