In person For the v Respondent — 2018

This was a preliminary hearing on whether the claimant had been dismissed by IBM UK Limited or had resigned, and, if she had resigned, when that resignation took effect. The tribunal found that the claimant had worked for IBM from 1 October 2002, had been selected for redundancy on a score of 55 against a threshold of 70, and appealed on 10 April 2018 saying the selection was unfair because she had been absent caring for her disabled son and had been unable to update her skills.

The tribunal found that the appeal was delayed for about two months, but it accepted that the appeal was ultimately successful. Mr Williams upgraded the claimant's score, concluded that her dismissal would be rescinded, and on 29 June 2018 the claimant was told that the appeal had succeeded. The judge referred to authorities including Salmon, Brook and Patel when concluding that a successful appeal can mean there has been no dismissal, even where there is no contractual right of appeal, because the employee has sought rescission of the dismissal.

The tribunal accepted that the claimant had secured alternative employment two to three weeks before 29 June 2018 and that the new role was better paid and closer to home. It found that she did not wish to continue in her IBM role and held that she resigned by taking up the new employment on 2 July 2018. On that basis, the tribunal found that IBM had not dismissed her and that she could not pursue her s.98(4) Employment Rights Act 1996 unfair dismissal claim.