| Unfair dismissal claim defeated at Tribunal |
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MILS scheme saves client approximately £68,700. Case Details: An employee who, after being questioned about his work, verbally resigned from his employment.After a discussion between the employee and his manager, he told the member that he intended to leave the company and his last working day would be a month later. He also told the member he had written his resignation, the member then agreed the employee could leave and be paid his notice in lieu. Some two weeks later the employee sent a letter to the member enquiring why he had been dismissed. The member realised they had not received the written resignation and therefore wrote to the employee setting out the position; that it was the employee’s decision to resign and there had been no dismissal. Unfortunately what with the litigation culture that is present, the employee took the member to an Employment Tribunal alleging unfair dismissal. The employee instructed a team of solicitors and a Barrister to represent him. As part of his claim the employee attempted to argue that it would take him 3 years to find another job and therefore he was claiming the sum of £68,700 in damages. After a day in the Tribunal, the member won the case and the Tribunal ruled that there was no dismissal.
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