Employment law cases

All items: Resignation

  • Termination of contract: An employee's apparent resignation was in fact a dismissal

    Date:
    18 July 2007

    In Sandhu v Jan de Rijk Transport Ltd [2007] IRLR 519 CA the Court of Appeal held that when an employee negotiated severance terms and resigned during a meeting called without advance warning to effect his dismissal in circumstances where he had no time to reflect or seek advice, the only conclusion open to the tribunal as a matter of law was that he had been dismissed.

  • Dismissal: Special circumstances should delay acceptance of resignation

    Date:
    1 May 1992

    In Kwik-Fit (GB) Ltd v Lineham the EAT holds that an industrial tribunal was entitled to find that an employee who resigned in the heat of the moment was dismissed unfairly.

  • Dismissal: Resignation caused by the employer's bad faith amounts to a dismissal

    Date:
    31 March 1987

    In Caledonian Mining Company Ltd v Bassett and another the EAT holds that an industrial tribunal was entitled to conclude, on the facts before it, that a group of employees had been dismissed within the meaning of s.83(2) of the Employment Protection (Consolidation) Act 1978 when they were inveigled into resigning by their employers.

  • Sothern v Franks Charlesly & Co

    Date:
    1 June 1981

    In Sothern v Franks Charlesly & Co [1981] IRLR 278 CA, the Court of Appeal held that the words "I am resigning" are not ambiguous, so that a reasonable employer would not have interpreted the words when used by the respondent employee as a resignation in the circumstances of the present case.

About this category

Employment law cases: HR and legal information and guidance relating to resignation.