Mr Salton was a social worker who had been withdrawn against his will from Durham’s emergency duty team. During disciplinary proceedings, he received a letter in which Durham raised additional complaints against him and argued that he should be summarily dismissed. He decided to resign on the basis that Durham had no intention of returning him to what he described as his ‘contractual post’. His union representative, with whom he discussed the matter, negotiated terms on his behalf which resulted in a written agreement. The Employment Tribunal found that he had not been dismissed but that his employment had been terminated by mutual consent in accordance with the terms of a valid agreement, into which he had entered freely and without duress, and under which he benefited from a financial consideration.
Held: The EAT dismissed his appeal. The agreement whereby he resigned had been entered into willingly, without duress and after proper advice, and for good consideration.
Judges:
Wood J
Citations:
[1989] IRLR 99
Cited by:
Cited – Sandhu v Jan De Rijk Transport Ltd CA 10-May-2007
The court was asked whether the claimant had been dismissed or had resigned. He had attended a meeting to be told that his contract was to be finished. The company later complained that he had resigned when they were unable to reach a compromise on . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 01 May 2022; Ref: scu.268102