Background:

The claimant was employed as a Tax Credit Officer from January 2019.  The issue was whether the claimant was dismissed from his employment or if he had terminated his own employment.  In August 2022 a complaint was made by a member of the public regarding the claimant’s conduct.   The decision at that point was to have an investigation and an informal conversation would be had with the claimant.

At the same time as the investigation, the claimant made an allegation that he was subject to a sexual assault and a complaint was also made about the failure to progress the investigation.  On 16th September the claimant phoned Mr Doherty, a Front Line Manager, stating that he wanted to hand in his notice.  The claimant was asked to think about his decision over the weekend.  The claimant stated that he was starting a new job and that it would be starting on 20th September.  The phone conversation was followed up by email stating that the claimant wanted his last day of employment to be 20th September and that he thanked both.

The claimant did not show up for work on 20th September or 21st.  The respondent sought to contact the claimant and had a member of staff visit his house.  Due to no success the emergency contact was contacted but had no idea where he was.  The PSNI were then informed. The claimant’s mother rang to say that he had been in a car crash and was in hospital.  There was no record of him having been at the said hospital.  There was contact made by the claimant in early October to say he was going to report the respondent to the police for ‘breaking the law’.   The day after he stated he wished to retract his resignation.   The retraction was not accepted.

Outcome:

The Tribunal held that the phone call and subsequent email amounted to an unambiguous resignation.   There were no exceptional circumstances and that it thus amounted to an end of the contract.  There was never any consent to an effective retraction of the resignation and seeking a fit note did not amount to an implied consent to retract the resignation.  Accordingly, the unfair dismissal claim was dismissed.

Practical Guidance for Employers:

An interesting case relating to whether it amounted to a dismissal or a resignation when the respondent asked for a sick note after the date of the resignation, yet when they were asked to retract the resignation, it was refused.  The Tribunal cited that there can be normal administrative processes which can delay the process of resignation and that is to be expected.  That does not amount to an implied acceptance of a retraction.

NI Tribunal decisions are available on the OITFET website:
http://www.employmenttribunalsni.co.uk/