In light of an EAT ruling, Andrew Macmillan explores the legalities around subsequent dismissal when a notice period is extended
When an employee resigns, any subsequent ‘dismissal’ of the employee by the employer after their employment has ended will have no effect. The key question will be whether the words used by the employee had clearly brought the employment contract to an end, and if so from what date.
These were issues that arose in Soufiane Amajane v Metroline Travel in which the Employment Appeal Tribunal (EAT) considered whether the employee’s communications to the employer had resulted in the employment relationship ending before the employer’s decision to summarily dismiss them.
Mr Amajane, a bus driver, decided to resign after an altercation with a controller. He sent an email on 15 January, which read: “I would like to inform you that I am leaving and resigning from my position as a bus operator/driver because of personal reasons.
“I would like to receive any outstanding payment for my holidays and seven lieu days. The uniform badge, locker keys no 175, a photocard, a bus pass and bus engine starter keys have been handed to the counter.”
In response, on 17 January he received this reply from Metroline Travel: “On 16 January 2020, I was informed of your notice of resignation, which you submitted on 15 January by email... You noted the reasons for resignation as ‘personal reasons’. While your resignation has been accepted, you are contractually obliged...
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