Kirby v. Circulation Recordings Ltd [2003] UKEAT 0259_03_1408 (14 August 2003)

Kirby v. Circulation Recordings Ltd [2003] UKEAT 0259_03_1408 (14 August 2003)

The Tribunal erred in law by finding resignation on 9 September 2001 based on inaction; no unambiguous conduct or communication occurred to constitute resignation; subsequent correspondence indicated ongoing employment relationship.

Citation
[2003] UKEAT 0259_03_1408
Parties
Appellant: Applicant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
14 August 2003
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
appeal allowed; Tribunal decision set aside
Legal Topics
Constructive Dismissal, Unfair Dismissal, Resignation by Conduct, Effective Date of Termination, Unlawful Deductions From Pay
Employment Law Constructive Dismissal Unfair Dismissal Resignation by Conduct Effective Date of Termination Unlawful Deductions From Pay

Case Brief

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Parties

Applicant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether an employee can communicate acceptance of an employer's repudiation by doing nothing
  2. 2 Whether resignation by conduct constitutes termination
  3. 3 Whether the effective date of termination was correctly determined

Ratio Decidendi

The Tribunal erred in law by finding resignation on 9 September 2001 based on inaction; no unambiguous conduct or communication occurred to constitute resignation; subsequent correspondence indicated ongoing employment relationship.

Court Disposition

appeal allowed; Tribunal decision set aside

Orders

  • Matter remitted to same Employment Tribunal for determination of effective date of termination and whether resignation was pursuant to repudiation.
  • Skeleton Arguments to be exchanged and lodged within 14 days.