Buffrey & Ors v Manpower Plc [2003] UKEAT 0443_02_0804 (8 April 2003)

Buffrey & Ors v Manpower Plc [2003] UKEAT 0443_02_0804 (8 April 2003)

The Tribunal's finding that the appellants were laid off and not dismissed on 10 August was a finding of fact supported by evidence and not an error of law; the letters of 7 September constituted resignation in the statutory context, entitling appellants to redundancy payments, and claims for unfair and wrongful dismissal were properly dismissed.

Citation
[2003] UKEAT 0443_02_0804
Parties
Appellant: Mr Baldwin; Appellant: Mr Buffrey; Respondent: Manpower Plc
Jurisdiction
United Kingdom
Judgment Date
08 April 2003
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal
Outcome
appeal dismissed
Legal Topics
Redundancy, Lay Off, Unfair Dismissal, Wrongful Dismissal, Resignation
Employment Law Redundancy Lay Off Unfair Dismissal Wrongful Dismissal Resignation

Case Brief

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Parties

Mr Baldwin

Appellant

Mr Buffrey

Appellant

Manpower Plc

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal

Legal Issues

  1. 1 Whether appellants were dismissed or resigned
  2. 2 Entitlement to redundancy payment under Employment Rights Act 1996
  3. 3 Compliance with statutory notice requirements for redundancy

Ratio Decidendi

The Tribunal's finding that the appellants were laid off and not dismissed on 10 August was a finding of fact supported by evidence and not an error of law; the letters of 7 September constituted resignation in the statutory context, entitling appellants to redundancy payments, and claims for unfair and wrongful dismissal were properly dismissed.

Court Disposition

appeal dismissed

Orders

  • Claims for unfair dismissal and wrongful dismissal dismissed
  • No error of law in Tribunal's findings