Mitie Security (London) Ltd v. Ibrahim [2010] UKEAT 0067_10_0605 (6 May 2010)

Mitie Security (London) Ltd v. Ibrahim [2010] UKEAT 0067_10_0605 (6 May 2010)

The Employment Judge erred in finding that the claimant was dismissed on 23 October 2008; the respondent's letter only warned of possible dismissal if no alternative employment was found, and no effective date of termination was communicated. Removal from site and cessation of pay did not constitute dismissal under s95(1)(a) Employment Rights Act 1996.

Citation
[2010] UKEAT 0067
Parties
Appellant/respondent: Mitie Security (London) Ltd; Respondent/claimant: Mr Abdirizak Ahmad Ibrahim
Jurisdiction
United Kingdom
Judgment Date
06 May 2010
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Pre Hearing Review
Outcome
Appeal allowed; finding of dismissal set aside; declaration that claimant was not dismissed.
Legal Topics
Unfair Dismissal, Ambiguous Resignation, Dismissal Under S95(1)(a) Employment Rights Act 1996, Constructive Dismissal, Redundancy, Third Party Pressure, Grievance Procedure
Employment Law Unfair Dismissal Ambiguous Resignation Dismissal Under S95(1)(a) Employment Rights Act 1996 Constructive Dismissal Redundancy Third Party Pressure Grievance Procedure

Case Brief

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Parties

Mitie Security (London) Ltd

Appellant/respondent

Mr Abdirizak Ahmad Ibrahim

Respondent/claimant

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Pre Hearing Review

Legal Issues

  1. 1 Whether the claimant was dismissed under s95(1)(a) Employment Rights Act 1996
  2. 2 Whether removal from site and cessation of pay constituted dismissal
  3. 3 Whether the claimant resigned or was constructively dismissed

Ratio Decidendi

The Employment Judge erred in finding that the claimant was dismissed on 23 October 2008; the respondent's letter only warned of possible dismissal if no alternative employment was found, and no effective date of termination was communicated. Removal from site and cessation of pay did not constitute dismissal under s95(1)(a) Employment Rights Act 1996.

Court Disposition

Appeal allowed; finding of dismissal set aside; declaration that claimant was not dismissed.

Orders

  • Employment Judge's finding of dismissal set aside
  • Declaration that claimant was not dismissed