Roberts v Messrs F J & J Frost [1993] UKEAT 415_91_0610 (6 October 1993)

Roberts v Messrs F J & J Frost [1993] UKEAT 415_91_0610 (6 October 1993)

The Tribunal was entitled to find that Miss Roberts' resignation was unambiguous and effective by the Friday following the incident. The employers' acceptance by hiring a replacement was sufficient. There was no dismissal and therefore no unfairness.

Source-derived case information.

Citation
[1993] UKEAT 415_91_0610
Parties
Appellant: Miss Roberts; Respondents: Mr and Mrs Frost
Jurisdiction
United Kingdom
Judgment Date
06 October 1993
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Resignation, Unfair Dismissal, Repudiatory Breach, Acceptance of Resignation
Employment Law Resignation Unfair Dismissal Repudiatory Breach Acceptance of Resignation

Source-derived case record

Summary, issues, holding and outcome

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Parties

Miss Roberts

Appellant

Mr and Mrs Frost

Respondents

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether Miss Roberts resigned or was unfairly dismissed
  2. 2 Whether a repudiatory resignation requires acceptance by the employer to be effective
  3. 3 Whether the resignation was made in the heat of the moment and could be withdrawn

Ratio Decidendi

The Tribunal was entitled to find that Miss Roberts' resignation was unambiguous and effective by the Friday following the incident. The employers' acceptance by hiring a replacement was sufficient. There was no dismissal and therefore no unfairness.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; Tribunal's finding upheld.