Resignation by fax

Case 6: The facts

Brian Potter's terms and conditions of employment were changed in breach of contract, and he brought a claim for constructive dismissal. He instructed his solicitor to fax a letter to his employer, stating that he was resigning as a result of its breach of contract. The fax was sent on a Friday evening.

Potter later argued that his resignation was not effective until the beginning of the next working week, so that his claim would be in time.

The ruling

The EAT held that, where an employee communicates acceptance of a breach of contract (which is the basis of a claim for constructive dismissal) by fax, the date of termination is the date on which the fax was sent.

Potter's resignation had therefore taken effect from the Friday evening, irrespective of whether anyone had read it at that time, and his claim was out of time.

Potter and others v RJ Temple UKEAT/0478/03