Case 2406233/2020 · Employment Tribunal
Mr H Feeney v Gotham Newco 2 Ltd — 2021
- Case reference
- 2406233/2020
- Decision date
- 17 August 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Rice-Birchall REPRESENTATION
Parties
2 namedClaimant
Mr H Feeney
Respondent
Key findings
Tribunal's reasoningThe claimant was employed as a manager at one of the respondent's restaurants from October 2013. After a conduct meeting on 5 March 2020, he walked out of work, then walked out again on 23 March. He gave a written resignation on 9 April 2020, stating that it was probably best he leave with immediate effect because he could not work currently, but that resignation was later retracted and he took annual leave and then unpaid parental leave before returning to work.
The tribunal found that the later WhatsApp message sent to a group chat was not a clear and unambiguous resignation. It said the message was more in the nature of a call to arms to colleagues, and that it did not identify any end date for termination of employment. The tribunal also noted that the claimant's reference to approaching ACAS did not establish that he had resigned; the earlier case summary recorded that he contacted ACAS about parental leave.
Applying the principles in Société Générale, London Branch v Geys and Mitie Security (London) Ltd v Ibrahim, the tribunal held that the claimant's effective date of termination was 10 July 2020. Accordingly, his unfair dismissal complaint failed and was dismissed. No monetary award was made.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal held that the claimant's effective date of termination was 10 July 2020 and that his WhatsApp message was not a clear and unambiguous resignation. The judgment records that he had earlier resigned in writing on 9 April 2020, then retracted that resignation. | Dismissed | — | — |
Legal tests applied
2 references- Société Générale, London Branch v Geys [2013] IRLR 122
- Mitie Security (London) Ltd v Ibrahim UKEAT/0067/10
Official outcome judgment PDF
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