Resignation

However, a recent employment tribunal case highlights the importance of employers' behaviour following an employee’s resignation. Employers must be careful not to generate an employment claim as employee departs. In the case of Manjula v Immigration and Nationality Services Ltd and IANS Solicitors, the Claimant, a solicitor, resigned to join KPMG. She qualified as a Solicitor in India and requalified in the UK.  She initially agreed to a two-month handover period with her supervisor.

The situation escalated when the Respondent’s director learned of her resignation. He reacted aggressively, was angry because he had paid her Visa application and accused her of breaching trust. He then demanded her immediate departure, terminating her employment without notice pay.

The Claimant pursued several tribunal claims, including unfair dismissal. The tribunal upheld these claims, noting that the dismissal for alleged misconduct (breach of trust) was unfair. The employer neither genuinely believed in her misconduct nor followed a fair procedure. The tribunal found the true reason for dismissal was to avoid her notice period.  The judge found that the Respondent had a habit of dismissing migrant employees without paying them their notices monies and/or wages owed.

Therefore, Employers must remember to handle resignations with care, ensuring fair treatment to mitigate the risk of potential claims when the risk should be low. Employers should be aware that even after an employee has resigned it is still possible to unfairly dismiss them and even fall foul of anti-discrimination legislation.

If you need any assistance following the resignation of an employee or regarding dismissal procedures, please contact us on 01635 896336/hello@fentonelliott.co.uk