EAT Unfair Dismissal : Dismissal or Ambiguous Resignation – Whether sanction short of dismissal on internal appeal expunged earlier dismissal. Employment Tribunal held: yes. On analysis, the contractual provision required the Claimant’s agreement to the lower sanction. Absent that agreement his dismissal stood – Roberts v West Coast Trains considered. Claimant’s appeal allowed.
Judges:
Peter Clarke J
Citations:
[2012] UKEAT 0359 – 12 – 1812
Links:
Jurisdiction:
England and Wales
Citing:
Considered – Roberts v West Coast Trains Ltd CA 16-Jun-2004
The employee had been dismissed. He began a claim for unfair dismissal, but also appealed within his employers’ procedure, accepting a demotion. The tribunal then found that he had not been dismissed.
Held: There had been no dismissal. Had he . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 13 November 2022; Ref: scu.470187