Dismissal or resignation?

Case 10: The facts

Betting-shop worker Ms Ally was dismissed for gross misconduct. She appealed and was reinstated by her regional director, who found that she had been guilty of gross misconduct but had been following her manager's instructions. However, Ally refused to accept the reinstatement.

The issue was whether Ally had been dismissed.

The ruling

The Employment Appeal Tribunal held that, when an employee is reinstated on appeal, the original dismissal ceases to have effect. Ally therefore had not been dismissed and could not claim unfair dismissal, but she was entitled to back pay for the period from the original dismissal to the reinstatement.

Ladbrokes Betting & Gaming Ltd v Ally UKEAT/0260/06