By
06-2007
Even where an employee leaves by mutual consent and severance terms are negotiated, he or she may still have been ‘dismissed’ and thus able to bring an unfair dismissal claim.In Sandhu v Jan de Rijk Transport the Court of Appeal has recently considered the circumstances in which a resignation may in reality be a dismissal. In this case, the employee was summoned to a meeting without being told why. The meeting began with his manager saying ‘Your contract, we are going to finish it’ and then allegations of misconduct were raised against him. It was proposed that his contract should terminate in three weeks but he successfully negotiated different terms - that he should remain employed for a further three months and then leave. He then claimed unfair dismissal, arguing that he did not choose to resign but was dismissed. The Court of Appeal agreed. He was just ‘doing his best… to salvage what he could from the inevitable fact that he was going to be dismissed’. He was entitled to claim unfair dismissal.Points to note:
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