Inns Recruitment Limited v. Cockburn [2008] UKEAT 0478_07_3001 (30 January 2008)

Inns Recruitment Limited v. Cockburn [2008] UKEAT 0478_07_3001 (30 January 2008)

The Employment Judge found that the claimant was expressly dismissed, not resigned, and thus entitled to redundancy and notice pay. The layoff clause did not apply once dismissal was decided.

Citation
[2008] UKEAT 0478_07_3001
Parties
Claimant: Mr Cockburn; Respondent: Respondent (unnamed)
Jurisdiction
United Kingdom
Judgment Date
30 January 2008
Procedural Posture
Employment Tribunal Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Redundancy, Dismissal, Notice Pay, Layoff Clause, Constructive Dismissal
Employment Law Redundancy Dismissal Notice Pay Layoff Clause Constructive Dismissal

Case Brief

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Parties

Mr Cockburn

Claimant

Respondent (unnamed)

Respondent

Procedural Posture

Employment Tribunal Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the claimant was dismissed or resigned
  2. 2 Entitlement to redundancy and notice pay
  3. 3 Applicability of layoff clause

Ratio Decidendi

The Employment Judge found that the claimant was expressly dismissed, not resigned, and thus entitled to redundancy and notice pay. The layoff clause did not apply once dismissal was decided.

Court Disposition

Appeal dismissed

Orders

  • Respondent to pay claimant £1,404.40 within 14 days