Mrs Donovan was an assistant principal planning officer who was subject to ongoing disciplinary proceedings which were themselves subject to a right of appeal on her part. Mrs Donovan was represented in those proceedings by her union organiser and the union solicitor. They negotiated terms on her behalf whereby she was allowed to resign at the end of six months on terms as to payment and the provision of an appropriate testimonial.
Held: She had resigned. Where a person chooses to resign rather than to be the subject of disciplinary proceedings that will be held to be a resignation as the outcome of the disciplinary hearing would not be known.
Citations:
[1981] IRLR 108
Jurisdiction:
England and Wales
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: 07 May 2022; Ref: scu.268096