Mr B McArthur v Tysers Insurance Brokers Limited — 2024

The claimant worked for the respondent from 10 October 2022 to 22 January 2024 as a senior broker in marine claims. He resigned by email on 22 October 2023. After his wife contacted the respondent saying he was unwell and unable to make decisions, she purported to retract the resignation on 24 October 2023. The respondent did not accept the retraction, but offered him the opportunity to reapply for his role at the end of his notice period if he could demonstrate that he could perform in the role. The claimant said he had been told orally that re-engagement would be a formality. After a meeting on 16 January 2024 and a grievance process, his employment ended on 22 January 2024.

The tribunal treated the case as including a complaint under s.11 ERA 1996 about the respondent not providing a change to the claimant's terms and conditions to reflect an alleged promise of re-engagement. It found that the respondent intended only to explore the possibility of re-engaging the claimant at the end of his notice period, and not to vary the existing contract or create a binding term requiring re-engagement. On that basis, the complaint was not well founded and was dismissed.

The tribunal also rejected any alternative contractual promise or indication that the claimant would be re-engaged. It held that there was no legal cause of action that could be pursued in the employment tribunal on the facts found, and that any such claim would in any event fall outside the tribunal's jurisdiction because it was not a claim arising on termination. The claim was dismissed in full and no monetary award was made.