Search
Close this search box.

Saying “I won’t be back” in the heat of the moment was not a resignation given the circumstances

In Rae v Wellhead Electrical Supplies Limited, Ogg, the Finance Director, had not processed salary increases that R, the MD, had promised to staff. R got angry, threw his keys on Ogg’s desk, shouted, “I told you what was going to happen” and then said, “I won’t be back”.

In Rae v Wellhead Electrical Supplies Limited, Ogg, the Finance Director, had not processed salary increases that R, the MD, had promised to staff. R got angry, threw his keys on Ogg’s desk, shouted, “I told you what was going to happen” and then said, “I won’t be back”. When Rastall, a director, found out he said, “Thank f**k. Good riddance”. R explained to Rastall it had not been his intention to resign. Rastall, however, said R’s resignation had been accepted, indicated that R was being treated as a ‘leaver’ and should have no further contact with the business. The ET found that while R’s words were seemingly an unambiguous resignation, the circumstances had to be taken into account. R was angry because of the embarrassment caused by pay increases he had promised not being processed and had acted “on the spur of the moment”. There was considerable ill feeling towards R given Rastall’s comment and Rastall’s and Ogg’s desire to rid themselves of R, meant they seized upon what R said and failed to consider whether R had really meant to resign. Their actions amounted to unfair dismissal.


The updates are kindly provided by Simons Muirhead & Burton Law firm

This update provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and help judgments made in every aspect of the case. Click on the links to access full details. If no link is provided, contact us for more information.  Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.

Read more

Latest News

Read More

Rise in recruitment fraud must urgently be checked

28 March 2024

Newsletter

Receive the latest HR news and strategic content

Please note, as per the GDPR Legislation, we need to ensure you are ‘Opted In’ to receive updates from ‘theHRDIRECTOR’. We will NEVER sell, rent, share or give away your data to third parties. We only use it to send information about our products and updates within the HR space To see our Privacy Policy – click here

Latest HR Jobs

University of Cambridge – Judge Business SchoolSalary: £32,332 to £38,205 pa, pro rata This provides summary information and comment on the subject areas covered. Where

University of Cambridge – Judge Business SchoolSalary: £29,605 to £33,966 pa, pro rata This provides summary information and comment on the subject areas covered. Where

University of Oxford – Blavatnik School of GovernmentSalary: Grade 5: £28,759 – £33,966 per annum (with a discretionary range to £37,099) This provides summary information

Software Development Director (Exec Team Seat). Remote Working with Ellesmere Port Office-Based Minimum 1 Day Per Week. + Contribution towards membership fees. £120,000 – £140,000

Read the latest digital issue of theHRDIRECTOR for FREE

Read the latest digital issue of theHRDIRECTOR for FREE