Mr G McCraken v Fugro GB Marine Limited APPLICATION FOR INTERIM RELIEF — 2020

This was an application for interim relief under section 128 Employment Rights Act 1996. The tribunal identified the key issue as the effective date of termination, because if the claimant's employment ended on 30 October 2020 the application presented on 10 November 2020 was out of time, whereas if the effective date was 3 November 2020 it would have been in time.

The tribunal found that on 30 October 2020 the claimant emailed the respondent setting out his resignation without specifying a notice period. The claimant later wrote on 10 November 2020 that his intention had been to resign with immediate effect and that he had not offered his contractual four weeks' notice. The tribunal preferred that written position and rejected the claimant's later oral evidence that he had not intended an immediate resignation.

In reaching that conclusion, the tribunal took account of the exchanges between the parties between 30 October and 10 November 2020, which it said did not show the employment relationship continuing. It also considered the claimant's reference to work-related communication at 18:04 on 30 October, but held that this was not inconsistent with a resignation taking immediate effect. The tribunal concluded that the claimant's employment ended on 30 October 2020 and that it therefore had no jurisdiction to consider the interim relief application because it was presented more than seven days after the effective date of termination.