Source: All England Reporter
Publisher Citation: [2003] All ER (D) 243 (Jan)
Court: Employment Appeal Tribunal

Lord Johnston, Mr D Chadwick and Mr M Clancy

Representation Katharine Newton (instructed by Edwards Abrams Doherty, Liverpool) for the employee.
  The employer appeared by its representative.
Judgment Dates: 28 October 2002


Employment - Employment tribunal - Decision - Decision to adopt employer's position that employee had resigned - Correctness of decision.

The Case

An employment tribunal had gone off the rails when it adopted the employer's position that an employee had resigned. The whole matter had to be reviewed by a fresh tribunal against the background of an issue properly focussing on the pleadings, as to whether or not there had been a dismissal.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.