Ms C Detain v Nottinghamshire County Council — 2022

The claimant brought a claim described as constructive unfair dismissal after a restructure in the respondent's department which she said downgraded her role. The preliminary issue was whether the claim had been presented prematurely or within the time requirements of section 111 Employment Rights Act 1996.

The tribunal found that the claimant's ET1 was received at 18:01 on 25 August 2020, and that she emailed the respondent to submit her resignation at 19:07 on the same day. The claimant accepted that her resignation email was sent after the claim was presented, but relied on the short time difference and an earlier email indicating that she might need to resign.

Employment Judge Fredericks held that the claimant only intended to give notice, and only actually gave notice, when she sent the clear, uncaveated and unambiguous resignation email at 19:07 on 25 August 2020. The earlier email did not amount to notice to terminate the contract. Applying section 111 ERA 1996 and the authorities referred to in the judgment, the tribunal held that it had no jurisdiction because the claim was presented before notice to terminate employment was given. The constructive unfair dismissal claim was dismissed, and no remedy was awarded.