Miss S Fisher v Novia Financial plc — 2020

The tribunal recorded that the claimant had not resigned when the claim form was presented. Her resignation letter was sent later, on 3 October 2019, and gave four weeks' notice expiring on 31 October 2019. The judge therefore found that, at the point of presentation, there had been no resignation and the claim was brought before the notice of resignation was given.

Applying rule 37 and the Employment Rights Act 1996, including sections 95, 97 and 111(3), and referring to Gisda Cyf v Barratt, Presley v Llanelli Borough Council and Harvey on Industrial Relations and Employment Law, Employment Judge Dawson held that a constructive dismissal complaint may be presented after notice is given but before the effective date of termination. Because notice had not been given when this claim was presented, the tribunal held that the claim was premature and that it had no jurisdiction to consider it. The unfair dismissal claim was therefore struck out, and the judgment states that this decision did not affect the discrimination claims.