Resignation letter

Case 5: The facts

James Cox had worked for his employer as a roofer for nearly 20 years. He was promoted to contract supervisor, but more or less from the beginning made it clear to his employers that he was unhappy in the new role and wanted to go back to his old job.

When nothing was done, he formally wrote to his employers saying he was resigning from the new post and wanted to revert to his previous job. His employers replied, saying that they viewed Cox's letter as a resignation and that his employment was terminated.

The ruling

The EAT ruled that Cox's letter showed no intention to resign. His employers' response to the letter amounted to a dismissal and was unfair.

WF Price (Roofing) v Cox EAT/0061/03