Willoughby v C F Capital Plc [2010] UKEAT 0503_09_1307 (13 July 2010)

Willoughby v C F Capital Plc [2010] UKEAT 0503_09_1307 (13 July 2010)

The letter of 22 December 2008 contained unambiguous words of dismissal and was intended to terminate the Claimant's employment. The Tribunal erred in law by finding that special circumstances negated the effect of the dismissal. The Claimant was entitled to take the letter at face value, and the Respondent's subsequent change of heart was not sufficiently prompt to constitute a valid retraction.

Citation
[2010] UKEAT 0503_09_1307
Parties
Appellant/claimant: Miss Catherine Willoughby; Respondent/employer: CF Capital plc
Jurisdiction
United Kingdom
Judgment Date
13 July 2010
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment
Outcome
Appeal allowed
Legal Topics
Unfair Dismissal, Wrongful Dismissal, Ambiguous Resignation, Special Circumstances Doctrine
Employment Law Unfair Dismissal Wrongful Dismissal Ambiguous Resignation Special Circumstances Doctrine

Case Brief

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Parties

Miss Catherine Willoughby

Appellant/claimant

CF Capital plc

Respondent/employer

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the employee was dismissed or resigned
  2. 2 Whether 'special circumstances' prevented the dismissal from taking effect
  3. 3 Interpretation of unambiguous words of dismissal

Ratio Decidendi

The letter of 22 December 2008 contained unambiguous words of dismissal and was intended to terminate the Claimant's employment. The Tribunal erred in law by finding that special circumstances negated the effect of the dismissal. The Claimant was entitled to take the letter at face value, and the Respondent's subsequent change of heart was not sufficiently prompt to constitute a valid retraction.

Court Disposition

Appeal allowed

Orders

  • Declaration that the Respondent dismissed the Claimant
  • Matter remitted to a fresh Employment Tribunal to consider remaining issues