Mehra v Marlborough Road Primary School: EAT 21 Dec 2006

EAT Unfair dismissal – Dismissal/ambiguous resignation
The Claimant was told she was to be dismissed at a disciplinary hearing. The letter confirming that decision stated that ‘you are due to be summarily dismissed.’ The EAT held that the letter was a summary dismissal. Pragmatically the ET could have allowed the matter to proceed by allowing an ET1 to be filed out of time. It would have been helpful if the ET had indicated its view as to the merits of the case if the dismissal was found to be unfair.

Judges:

His Honour Judge Pugsley

Citations:

[2006] UKEAT 0374 – 06 – 2112, UKEAT/0374/06

Links:

Bailii, EAT

Jurisdiction:

England and Wales

Employment

Updated: 02 June 2022; Ref: scu.247872