EAT UNFAIR DISMISSAL – Dismissal/ambiguous resignation
Whether employee was dismissed – unambiguous words of dismissal used by employer – Tribunal erred in law in holding that by reason of ‘special circumstances’ the employer did not dismiss the employee.
Cases on ‘special circumstances’ considered and reviewed – in particular Sothern v Frank Charlesly and Co [1981] IRLR 278; Martin v Yeomen Aggregates [1983] IRLR 49; Barclay v City of Glasgow District Council [1983] IRLR 313; Greater Glasgow Health Board v Mackay [1989] SLT 729; Sovereign House Security Services Ltd v Savage/I> [1989] IRLR 115; Kwik-Fit (GB) Limited v Lineham [1992] IRLR 156; and Ali v Birmingham City Council [UKEAT/0313/08/CEA].
Judges:
Richardson J
Citations:
[2010] UKEAT 0503 – 09 – 1307, [2011] ICR 88, [2011] IRLR 198
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Sothern v Frank Charlesly and Co CA 1981
Where an employee gives an unequivocal and unambiguous notice of his resignation, then that can be accepted by an employer and there is no dismissal. Where the unambiguous words are said in a moment of anger or in the heat of the moment or where . .
Cited – Barclay v Glasgow District Council 1983
B who was mentally disabled, worked cleaning up swing-parks. There was an altercation with the District Manager and the Foreman which ended by Mr Barclay saying that he wanted his books ‘the next day.’ The next day was a pay day and the manager gave . .
Cited – Ali v Birmingham City Council EAT 27-Oct-2008
EAT UNFAIR DISMISSAL: Dismissal/ambiguous resignation
1. The claimant handed in a letter of resignation to the respondents and he was then given a period of about 30 minutes to reconsider his decision.
Cited – Kwik-Fit (GB) Ltd v Lineham EAT 5-Feb-1992
The applicant claimed unfair dismissal. The employer replied that the employee had resigned.
Held: The employer’s appeal was dismissed. The resignation had taken place in a heated moment, and it was not conclusive. An employer may not be able . .
Cited – Greater Glasgow Health Board v Mackay SCS 1989
The Court was asked to consider whether an employee, who wrote out a letter of resignation, had actually resigned in the light of the special state of anxiety of the employee when he wrote that letter.
Held: Lord Wylie said: ‘where possible . .
Cited – Sovereign House Security Services Ltd v Savage CA 1989
S was employed as a Security Officer. After discovering a cash shortage, his superior, P, rang him and suspended him forthwith pending police investigations. S responded by saying ‘I am not having any of that, you can stuff it, I am not taking the . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 06 February 2022; Ref: scu.420758