Recent Dismissal Cases

HR and employment law specialists at New Dawn Resources provide an overview of a recent dismissal case, and what its outcome means for your business.

East Kent Hospitals University NHS Foundation Trust v Levy

Ms Levy worked in an administrative role in the trust’s records department. She received a conditional offer of a role in the radiology department and sent a letter to her manager saying: “Please accept one month’s notice from the above date.”

The conditional offer was then withdrawn and so Ms Levy tried to retract her resignation. Her manger refused and her employment ended. She claimed unfair dismissal.

The employment tribunal held in Ms Levy’s favour stating that the notice was ambiguous and was not necessarily referable to a resignation. The employment tribunal held that it was reasonable to interpret the letter as one month’s notice of an intention to move departments, not to resign.

What does this mean for you?

The circumstances of this case only arose because of the size of the NHS Trust and opportunity for misinterpretation of the letter. However, if you are uncertain of whether an employee has intended to resign or not it is best to seek clarification at the time – before they have reason to change their minds.

If you’re looking for advice or assistance in defending your business against an employment tribunal claim, New Dawn Resources’ in-house employment law expert, Kate can provide honest, straightforward advice. Find out more about our fixed fee legal advice service here, or call New Dawn Resources on 01484 680098.