Cole v. The Post Office [2001] UKEAT 374_00_1910 (19 October 2001)

Cole v. The Post Office [2001] UKEAT 374_00_1910 (19 October 2001)

The appellant did not communicate resignation to the employer; the letter of 3 January 1999 did not amount to resignation. The Employment Tribunal was entitled to find that the employment ended by dismissal on 19 February 1999 for failure to comply with management instructions, and that the dismissal was not unfair...

Source-derived case information.

Citation
[2001] UKEAT 374_00_1910
Parties
Appellant: Mrs Cole; Respondent: Post Office
Jurisdiction
United Kingdom
Judgment Date
19 October 2001
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Constructive Dismissal, Termination of Employment, Employment Rights Act 1996
Employment Law Unfair Dismissal Constructive Dismissal Termination of Employment Employment Rights Act 1996

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Mrs Cole

Appellant

Post Office

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the appellant resigned or was dismissed
  2. 2 Whether the dismissal was fair under Section 98 of the Employment Rights Act 1996
  3. 3 Whether the appellant communicated resignation to the employer

Ratio Decidendi

The appellant did not communicate resignation to the employer; the letter of 3 January 1999 did not amount to resignation. The Employment Tribunal was entitled to find that the employment ended by dismissal on 19 February 1999 for failure to comply with management instructions, and that the dismissal was not unfair under Section 98 of the Employment Rights Act 1996.

Court Disposition

Appeal dismissed