Mr T Lopatynski v Warrington Borough Transport Limited — 2021

Mr T Lopatynski had worked for Warrington Borough Transport Limited as a PCV driver since 8 March 2006. After an October 2020 driving incident outside work, he was disqualified from driving for 18 months on 4 November 2020. The tribunal accepted that he then spoke to his supervisor, Mr Chisnall, and preferred the respondent's account that the claimant was told a disciplinary process would follow and that dismissal was a possible outcome. It found, on the balance of probabilities, that the claimant said he did not want to go through a disciplinary process or have a dismissal on his record and that he thereby resigned on 6 November 2020.

The tribunal relied on the surrounding circumstances as well as the claimant's later conduct. It found that he handed in his company property after the conversation, did not do any further work for the respondent, and did not receive any further pay apart from work already done. The claimant's P45, dated 16 November 2020, recorded a leaving date of 6 November 2020, which the tribunal considered consistent with the employer having accepted his resignation. The absence of a written resignation or dismissal letter was noted, but it did not alter the tribunal's conclusion.

Because the tribunal found that the claimant was not dismissed by the respondent, the unfair dismissal claim failed at the first stage and no section 98 ERA analysis of fairness was required. The wrongful dismissal claim also failed because the tribunal found that no notice pay was properly payable on termination. The holiday pay claim was withdrawn after the claimant confirmed during the hearing that he was not owed any holiday pay.