Lassman v. Dee Vere University Arms Hotel [2001] UKEAT 0306_01_2109 (21 September 2001)

Lassman v. Dee Vere University Arms Hotel [2001] UKEAT 0306_01_2109 (21 September 2001)

It is arguable that the employer's letter indicated a settled intention to end the contract, and the options provided did not include continuation of employment on existing terms, which may amount to a dismissal rather than consensual termination.

Citation
[2001] UKEAT 0306_01_2109
Parties
Appellant: Ms Hema Patel; Appellant's Solicitors: Levenes Solicitors
Jurisdiction
United Kingdom
Judgment Date
21 September 2001
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Appeal allowed to proceed to full hearing
Legal Topics
Dismissal, Consensual Termination, Unfair Dismissal
Employment Law Dismissal Consensual Termination Unfair Dismissal

Case Brief

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Parties

Ms Hema Patel

Appellant

Levenes Solicitors

Appellant's Solicitors

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the termination was consensual or amounted to a dismissal
  2. 2 Interpretation of employer's letter offering options to employee

Ratio Decidendi

It is arguable that the employer's letter indicated a settled intention to end the contract, and the options provided did not include continuation of employment on existing terms, which may amount to a dismissal rather than consensual termination.

Court Disposition

Appeal allowed to proceed to full hearing

Orders

  • Skeleton arguments and photocopies of cases to be submitted at least 7 days prior to hearing
  • Hearing to be limited to 1.5 hours