Gunn v. Thacker-Builder [2000] UKEAT 879_00_0611 (6 November 2000)

Gunn v. Thacker-Builder [2000] UKEAT 879_00_0611 (6 November 2000)

There is an arguable point of law as to whether an indication that employment will end at a future, but not precisely ascertainable, date constitutes dismissal; the tribunal may have erred in law in concluding it was a resignation.

Citation
[2000] UKEAT 879_00_0611
Parties
Appellant: Mr Gunn; Respondent: Mr Thacker
Jurisdiction
United Kingdom
Judgment Date
06 November 2000
Procedural Posture
Employment Appeal / Preliminary Ex Parte Hearing
Outcome
Matter to proceed to full hearing
Legal Topics
Dismissal, Redundancy, Resignation, Employment Status
Employment Law Dismissal Redundancy Resignation Employment Status

Case Brief

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Parties

Mr Gunn

Appellant

Mr Thacker

Respondent

Procedural Posture

Employment Appeal / Preliminary Ex Parte Hearing

Legal Issues

  1. 1 Whether Mr Gunn was dismissed or resigned
  2. 2 Whether an indication of future redundancy constitutes dismissal

Ratio Decidendi

There is an arguable point of law as to whether an indication that employment will end at a future, but not precisely ascertainable, date constitutes dismissal; the tribunal may have erred in law in concluding it was a resignation.

Court Disposition

Matter to proceed to full hearing

Orders

  • Full hearing directed
  • Skeleton arguments to be lodged and exchanged not less than 14 days before the hearing date