Resignation - But Not As We Know It?

Originally published in In House Lawyer Magazine

It is generally known that a "heat of the moment" resignation is not a resignation, and that employers should allow a cooling off period before accepting it. A prudent employer might suggest that the employee raise the matter within the framework of the grievance procedure.

However, the situation is less clear when an individual opts to resign rather than be disciplined or dismissed.

The boundaries become even more blurred when the employee resigns with a pay off. This was the situation in Sandhu v Jan de Rijk Transport Limited [2007] EWCA Civ 430. The Court of Appeal overturned the Tribunal and Employment Appeal Tribunal's findings that the employee had resigned, and held that Mr Sandhu had been dismissed.