Clutch Auto Centres v Blakemore (Unfair Dismissal : no sub-topic) [2014] UKEAT 0509_13_0805 (8 May 2014)

Clutch Auto Centres v Blakemore (Unfair Dismissal : no sub-topic) [2014] UKEAT 0509_13_0805 (8 May 2014)

On the Claimant's pleaded case, the employment ended on 6 November 2012. He cannot later resile from that position. The Tribunal erred in declaring the employment continued when both parties' cases were that it had ended.

Citation
[2014] UKEAT 0509_13_0805
Parties
Claimant/respondent: Mr Richard Blakemore; Respondent/appellant: Mr Clutch Autocentres
Jurisdiction
United Kingdom
Judgment Date
08 May 2014
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed; Tribunal's declaration set aside; Claimant's claims dismissed.
Legal Topics
Unfair Dismissal, Wrongful Dismissal, Termination of Employment, Employment Contract Continuation
Employment Law Unfair Dismissal Wrongful Dismissal Termination of Employment Employment Contract Continuation

Case Brief

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Parties

Mr Richard Blakemore

Claimant/respondent

Mr Clutch Autocentres

Respondent/appellant

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the Claimant was dismissed or resigned
  2. 2 Whether the employment contract continued after 6 November 2012
  3. 3 Effect of pleading unfair dismissal on contract termination

Ratio Decidendi

On the Claimant's pleaded case, the employment ended on 6 November 2012. He cannot later resile from that position. The Tribunal erred in declaring the employment continued when both parties' cases were that it had ended.

Court Disposition

Appeal allowed; Tribunal's declaration set aside; Claimant's claims dismissed.

Orders

  • The declaration that the Claimant remains an employee of the Respondent is set aside.
  • The Claimant's claims are dismissed.