Turkington v Gilbert [2007] NIIT 1118_06 (3 April 2007)

Turkington v Gilbert [2007] NIIT 1118_06 (3 April 2007)

The Tribunal found, on the balance of probabilities, that the claimant resigned and was not dismissed by the respondents. The evidence, including the claimant's fax referring to redundancy and the respondents' desire to retain her, supported the conclusion that she indicated she was leaving and was not coming back. There was no unfair dismissal.

Citation
[2007] NIIT 1118_06
Parties
Claimant: Linda Turkington; Respondent: Nigel Gilbert; Respondent: Cyril Johnston Hire Limited
Jurisdiction
Northern Ireland
Judgment Date
03 April 2007
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
Claim dismissed
Legal Topics
Unfair Dismissal, Resignation, Transfer of Undertakings (tupe), Breach of Contract, Unlawful Deduction From Wages, Redundancy, Discipline and Grievance
Employment Law Unfair Dismissal Resignation Transfer of Undertakings (tupe) Breach of Contract Unlawful Deduction From Wages Redundancy Discipline and Grievance

Case Brief

Summary, issues, holding and outcome

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Parties

Linda Turkington

Claimant

Nigel Gilbert

Respondent

Cyril Johnston Hire Limited

Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Whether the claimant was dismissed or resigned
  2. 2 Whether the claimant was unfairly dismissed in connection with a transfer of undertaking or under the Employment Rights (Northern Ireland) Order 1996

Ratio Decidendi

The Tribunal found, on the balance of probabilities, that the claimant resigned and was not dismissed by the respondents. The evidence, including the claimant's fax referring to redundancy and the respondents' desire to retain her, supported the conclusion that she indicated she was leaving and was not coming back. There was no unfair dismissal.

Court Disposition

Claim dismissed

Orders

  • The claim for unfair dismissal is dismissed.
  • All remaining claims including breach of contract, unlawful deductions from wages, redundancy, TUPE, and discipline and grievance are dismissed.