Secretary of State for Justice v Hibbert (Unfair Dismissal : Dismissal or Ambiguous Resignation): EAT 30 Jul 2013

EAT UNFAIR DISMISSAL – Dismissal/ambiguous resignation
JURISDICTIONAL POINTS – Claim in time and effective date of termination
The issue was whether the claim was lodged out of time which turned on the effect of a letter of resignation. Subsequent correspondence between the parties included (1) a letter from R giving C time to review her decision, and (2) a further letter from R purporting to accept C’s resignation and requiring C to give notice. C was paid to the end of the notice period. ET decided no dismissal until end of notice period. EAT allowed appeal. Letter of resignation was letter of immediate resignation (Sothern v Franks Charlesly and Co [1981] IRLR 278) unaffected by R giving a ‘cooling off period’ (Willoughby v CFC Plc [2011] EWCA Civ 115). Subsequent correspondence had no legal effect.

Supperstone J
[2013] UKEAT 0289 – 13 – 3007
England and Wales


Updated: 22 November 2021; Ref: scu.516742