Retracting a resignation

Case 4: The facts

Mr Bogart brought a claim for unfair dismissal, but his employer claimed that he had resigned and not been dismissed. He argued that, although he had submitted his resignation, he had subsequently withdrawn his notice and had then been dismissed. The preliminary issue was, therefore, whether there had been a dismissal at all.

The ruling

The Employment Appeal Tribunal (EAT) found that the tribunal had not decided whether Bogart's employer had agreed that he could withdraw his notice, only that he had understood that personnel would not be acting on it straight away and he therefore had time to think about whether he wanted to withdraw it.

The right approach, the EAT said, would have been for the tribunal to consider whether this was an exception to the rule that notice, once given, cannot be withdrawn without agreement - and, if so, whether that agreement had been reached.

While accepting that it was appropriate to deal with this issue at a preliminary hearing, the EAT said the delay resulting from the appeal on this point meant that the case should proceed to a full hearing.

Liverpool Community College v Bogart UKEAT/0234/06