In East Kent Hospitals University NHS Foundation Trust v Levy, the Employment Appeal Tribunal (EAT) held that an employee's letter of notice to her department did not amount to a resignation from the respondent's employment because the wording used was ambiguous.
Should a hotel have allowed an employee to withdraw a resignation letter that she wrote while agitated during a routine meeting to assess a "mystery-shopper" visit? That was the issue in this employment tribunal.
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.
The interesting issue for the employment tribunal to decide in this case was whether an employee who got into an argument with her employer resigned or was dismissed.
The Employment Appeal Tribunal has held that the date of a conditional resignation cannot constitute the effective date of termination regardless of any agreement between the employer and employee.
In Ali v Birmingham City Council EAT/0313/08, the EAT held that an employee's unambiguous resignation was effective and could not be unilaterally withdrawn once it had been accepted by the employer. It is only in exceptional circumstances that words of resignation should not be taken at their face value
In Capita Health Solutions v McLean and another [2008] IRLR 595, the EAT held that an employee's objection to becoming employed by the transferee did not have the effect of preventing the transfer of her contract of employment, as she had undertaken work for the transferee after the transfer date.