When a resignation takes effect

One of my members while on long-term sick leave sent his resignation by letter. He knows that after the letter reached the company it was several days before it was passed on to his manager. He has now realised that he might have been able to take a constructive dismissal claim. He would need to be able to show that his resignation did not take effect until his manager saw it. Is he likely to succeed?

Unfortunately it is unlikely that he would succeed. A resignation letter takes effect when the notice is received by the organisation, not when it reaches the individual with a responsibility for dealing with the issue. The EAT recently held that although a termination by an employer only takes effect from the date when it is communicated directly to the employee. However, where it is the employee who is resigning it is the date when the letter reaches the organisation.

* More information: George v Luton BC EAT/0311/03