Omar v Epping Forest District Citizens Advice [2023] EAT 132

Appeal against the dismissal of the Claimant's claim of unfair and wrongful dismissal. Appeal allowed.

The Claimant resigned from his employment with the Respondent ‘in the heat of the moment’ during an altercation with his line manager. In a subsequent conversation, it had apparently been recognised by his employer that he wished to continue in employment, but his line manager decided she no longer wanted to work with him and he was asked to confirm his resignation in writing, which he said he would do, but did not and instead sought formally to retract his resignation. The Claimant’s case was that in law he had not resigned as the situation fell within the so-called “special circumstances exception” recognised in Sothern v Frank Charlesly [1981] IRLR 278. He argued that he had been unfairly and wrongfully dismissed. The Respondent argued that he had resigned. The ET found in favour of the Respondent and the Claimant appealed.

The EAT allowed the appeal. The ET had erred in law by failing to make adequate findings of fact and failing to direct itself properly in accordance with the applicable legal principles.

Published: 08/11/2023 14:59

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