The Claimant had given one week’s notice of termination to expire on 22 January 2020. On the morning of the last day of that period he was told he had to attend a disciplinary hearing. Although he objected, he agreed to attend the hearing if it was rescheduled so as to allow him to obtain representation. The hearing was rescheduled to 27 January 2020. At the conclusion of the hearing, he was summarily dismissed. He brought claims of unfair and wrongful dismissal the ET which were dismissed as he had ceased to be employed before the date on which the Respondent purported to dismiss him. The Claimant appealed.

The EAT allowed the appeal. The ET erred in concluding that the Claimant’s employment had terminated on 22 January 2020 without specifically considering whether his agreement to attend the disciplinary hearing meant that the parties had agreed between them that his employment would not terminate on 22 January 2020 but would instead continue so as to enable the disciplinary proceedings to be determined.