Claimant v Eddis Transport (Consett) Ltd — 2024

The claimant was employed as an HGV driver from 21 January 2019. After a disciplinary process was initiated in relation to an incident on 17 May 2023, he resigned by email on 21 May 2023 giving one week’s notice to Friday 26 May 2023. The respondent accepted that resignation and confirmed in writing that the effective date of termination was 26 May 2023.

The tribunal treated the central issue as whether the employment ended on resignation or whether it continued long enough for the later summary dismissal to take effect. It found that 26 May 2023 was the claimant’s last working day, that he knew this was his final shift, and that he finished work and left the premises at about 4.45pm. The respondent’s dismissal letter was emailed at about 4.55pm. The tribunal found, applying Palfrey v Transco Plc, Newcastle upon Tyne Hospitals NHS Foundation Trust v Haywood, and Carmichael v National Power Plc, that the contract ended when the claimant left the premises because there was no mutuality of obligation after that point and no realistic possibility of further work that day.

On that basis, the tribunal held that the claimant’s employment had already ended by resignation before the dismissal letter was sent, so there was no contract in place for the respondent to terminate by summary dismissal. The unfair dismissal claim therefore failed and was dismissed. The tribunal said there was no need to consider fairness because the claimant had not been dismissed.