SAS Service Partners v Whalley [1992] UKEAT 561_91_1911 (19 November 1992)

SAS Service Partners v Whalley [1992] UKEAT 561_91_1911 (19 November 1992)

The Tribunal was entitled to conclude that, given the circumstances, the respondent was dismissed rather than having voluntarily resigned, as the resignation was not materially different from the original dismissal and was made in the context of an imminent or already decided dismissal.

Citation
[1992] UKEAT 561_91_1911
Parties
Applicant/employee: Respondent; Employer: Appellants
Jurisdiction
United Kingdom
Judgment Date
19 November 1992
Procedural Posture
Employment Appeal / Appeal Against Industrial Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Constructive Dismissal, Termination of Employment, Appeal Procedures
Employment Law Unfair Dismissal Constructive Dismissal Termination of Employment Appeal Procedures

Case Brief

Summary, issues, holding and outcome

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Parties

Respondent

Applicant/employee

Appellants

Employer

Procedural Posture

Employment Appeal / Appeal Against Industrial Tribunal Decision

Legal Issues

  1. 1 Whether the respondent was dismissed or resigned voluntarily
  2. 2 Who truly terminated the contract of employment

Ratio Decidendi

The Tribunal was entitled to conclude that, given the circumstances, the respondent was dismissed rather than having voluntarily resigned, as the resignation was not materially different from the original dismissal and was made in the context of an imminent or already decided dismissal.

Court Disposition

Appeal dismissed

Orders

  • Appeal refused