Mr A Moran v Independent Office Equipment Ltd — 2021

The claimant, Mr A Moran, had worked for the respondent from 9 July 2000 and was on furlough from 30 March 2020. After a heated telephone conversation on 3 August 2020, he said he was resigning with immediate effect. The tribunal found that resignation to be clear and unambiguous, and it did not accept that the claimant had promptly withdrawn it.

The tribunal found that on 7 August 2020 there was conflict in the evidence about whether the respondent agreed to let the claimant return to work on 10 August 2020. It accepted the respondent's evidence that no such agreement was reached, and that the claimant was told Mr Hickling would call later. The tribunal also relied on the contemporaneous messages and letter, and found that the claimant had not established that his resignation had been rescinded and accepted.

On that basis, the tribunal held there had been no dismissal, so the unfair dismissal claim failed. It said it was therefore unnecessary to consider whether there was a potentially fair reason for dismissal. The age discrimination claim also failed. The tribunal said that, because there was no dismissal, there were no acts leading to dismissal within the scope of the pleaded complaint, but it nonetheless went on to consider the position if the respondent's refusal to accept withdrawal of the resignation or re-employment were treated as less favourable treatment. It found no less favourable treatment because of age, and in any event considered the treatment proportionate to the legitimate aim of maintaining a long-term employee in the business.

The notice pay claim was dismissed because the tribunal found the claimant had resigned with immediate effect and had not worked or offered to work during a notice period. No monetary award was made.