The employee claimed unfair dismissal. He had been dismissed without notice at 2:00pm. Later the employer discovered that it might have offered alternate employment. The Tribunal had found that the opportunity emerged before the employee got home, and that until then he remained employed.
Held: The employer’s appeal succeeded. The summary dismissal took effect instantly, and by the time of the discovery the claimant was no longer an employee. At that point the employer’s contractual duty to make the alternate offer to an employee was no longer binding on it.
Judges:
Browne-Wilkinson VC
Citations:
[1989] ICR 431
Jurisdiction:
England and Wales
Citing:
Appeal from – Octavius Atkinson and Sons Ltd v Morris EAT 1988
The employee, a steel erector, was summarily dismissed at 2:00. He arrived home at 4:00pm by which time the employer had discovered that alternate work was available which it would have been obliged to offer to him as an employee.
Held: An . .
Cited by:
Cited – Gisda Cyf v Barratt CA 2-Jul-2009
The employer wrote to the employee on 29 November 2006 informing her of her dismissal, the letter arrived on the 30th, and she read it on the 4th of December. The employer appealed against a finding that the effective date of dismissal was the date . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 18 June 2022; Ref: scu.372328