Resignation or dismissal: employment tribunal decisions

This article summarises the main issues and outcomes in five employment tribunal cases where the key issue was whether the employee resigned or was dismissed. 

• Resignation or dismissal: employment tribunal decisions The cases involve: a daughter's "resignation" from her father's business; a discussion over an employee's future working options; a purported resignation over the telephone; an ultimatum to an employee to resign or be dismissed; and a driver who was asked to leave his keys after an accident. 

Also

In the employment tribunals HR & Compliance Centre provides summaries of other employment tribunal cases involving resignations or dismissals, including:

• employees who stormed out in the heat of an argument;
• an employee’s angry words after an unequivocal dismissal;
• a forced resignation that constituted an unfair dismissal; and
• an employee’s failure to notify the employer of absence. 

Case law Appeal cases that have dealt with resignations or dismissals include:

• Ali v Birmingham City Council EAT/0313/08;
• Kwik-Fit (GB) Ltd v Lineham [1992] IRLR 156 EAT;
• J & J Stern v Simpson [1983] IRLR 52 EAT;
• Willoughby v CF Capital plc EAT/0503/09; and
• Martin v Yeomen Aggregates Ltd [1983] IRLR 49 EAT.