Angry exchanges
by Philip
A lesson for us all on how heated exchanges can have legal consequences can be found in the EAT case of Burton. There was a heated discussion in which the employee said words to the effect of “that’s it, I’m off” and “I will not obviously be able to continue working after hearing this”. The employee walked back to his desk and the employer followed shouting “I thought you were leaving” shortly followed by “go now, I don’t want you here, just get out and leave”. The EAT upheld the ET’s decision that there was a resignation on notice and a dismissal during notice period as consistent with the facts. It is quite fact specific but worth a read just for the humour factor. The compensatory award was effectively confined to the period of notice.
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