In person. For the v Mr S Khan, Director. — 2019

The claimant said she had been employed since 2010 and remained employed when she brought claims including unfair dismissal and holiday pay. The respondent argued that she had resigned on 22 October 2018, but the tribunal reviewed the text messages, the sick notes sent on 13 November 2018, and the meeting on 2 November 2018 and found that the employment relationship had continued after October 2018.

The tribunal accepted that the claimant resigned only from the role of Designated Premises Supervisor by email of 25 November 2018, while stating that she would keep the respondent informed of her sick notes and treatment. It held that the claimant's email of 28 November 2018, in which she said she had come to the conclusion that the respondent no longer wanted her to be the manager and would send someone to collect her belongings, was the communication that brought the employment to an end. The effective date of termination was therefore 28 November 2018.

On that basis, the tribunal found that the claim was presented within the three-month time limit and that it had jurisdiction to determine it. The judgment did not decide the merits of the substantive claims or make any monetary award.