Key Facts
- •Mr. Omar resigned from his employment with Epping Forest District Citizens Advice 'in the heat of the moment' during an altercation with his line manager.
- •His employer apparently recognized his wish to continue employment, but his line manager decided she no longer wanted to work with him.
- •He was asked to confirm his resignation in writing, which he didn't do, instead seeking to retract his resignation.
- •The Tribunal initially found in favor of the respondent (employer), ruling that Mr. Omar had resigned.
- •Mr. Omar appealed, arguing that his resignation fell under the 'special circumstances exception' and constituted unfair dismissal.
Legal Principles
There is no 'special circumstances exception'; the same rules apply to all cases of dismissal or resignation.
Willoughby v CF Capital PLC [2012] ICR 1038
A notice of resignation or dismissal cannot be unilaterally retracted; it requires agreement from the other party.
Willoughby v CF Capital PLC [2012] ICR 1038; Denham v United Glass Ltd
Words of dismissal or resignation are construed objectively, considering all circumstances and using normal contractual interpretation rules.
Willoughby v CF Capital PLC [2012] ICR 1038
The objective assessment must determine if the words constituted immediate dismissal/resignation and were 'really intended'.
Various cases, synthesized in the judgment
Subsequent events are admissible evidence to illuminate the speaker's 'real intention' at the time of the initial statement.
Various cases, synthesized in the judgment
The same rules apply to written and spoken words of resignation/dismissal.
Willoughby v CF Capital PLC [2012] ICR 1038
Outcomes
The EAT allowed the appeal.
The Tribunal erred in law by failing to make adequate findings of fact and failing to direct itself properly according to legal principles.
The case was remitted for a fresh hearing before a new Tribunal.
The original Tribunal's decision was substantially flawed, and fairness required a rehearing with proper legal direction and factual findings.