Adecco Group UK & Ireland v Gregory & Anor (Unfair Dismissal: Dismissal/ambiguous resignation) [2015] UKEAT 0024_14_1903 (19 March 2015)

Adecco Group UK & Ireland v Gregory & Anor (Unfair Dismissal: Dismissal/ambiguous resignation) [2015] UKEAT 0024_14_1903 (19 March 2015)

The Tribunal's reasoning regarding dismissal and extension of time was flawed and inadequately reasoned. The letter of 3 July did not unequivocally constitute a dismissal, and the Tribunal failed to properly address when the claimant knew of the facts giving rise to her claim. Both decisions must be remitted to a fresh Tribunal for proper determination.

Citation
[2015] UKEAT 0024_14_1903
Parties
Claimant: Norma Gregory; Second Respondent: Adecco; First Respondent: Scottish Water
Jurisdiction
United Kingdom
Judgment Date
19 March 2015
Procedural Posture
Employment Appeal / Appeal Against Two Employment Tribunal Decisions
Outcome
Appeal allowed; both Tribunal decisions set aside.
Legal Topics
Unfair Dismissal, Agency Workers, Time Limits for Claims, Constructive Dismissal
Employment Law Unfair Dismissal Agency Workers Time Limits for Claims Constructive Dismissal

Case Brief

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Parties

Norma Gregory

Claimant

Adecco

Second Respondent

Scottish Water

First Respondent

Procedural Posture

Employment Appeal / Appeal Against Two Employment Tribunal Decisions

Legal Issues

  1. 1 Whether the claimant was dismissed or resigned and if so when
  2. 2 Whether the claim was within the normal time limit
  3. 3 Whether it was just and equitable to extend time for the claim under the Agency Workers Regulations

Ratio Decidendi

The Tribunal's reasoning regarding dismissal and extension of time was flawed and inadequately reasoned. The letter of 3 July did not unequivocally constitute a dismissal, and the Tribunal failed to properly address when the claimant knew of the facts giving rise to her claim. Both decisions must be remitted to a fresh Tribunal for proper determination.

Court Disposition

Appeal allowed; both Tribunal decisions set aside.

Orders

  • Issues of dismissal, time limits, and extension of time under Agency Workers Regulations remitted to a fresh Tribunal.
  • Fresh Tribunal may consider whether the claimant can advance a claim of constructive dismissal.