This week Simon and David discuss the case of Mrs Dumigan v The Mount School Limited.

All staff members were requested by email on a Saturday to attend a meeting on Monday.

This was a day off for the Claimant and she was due to meet her family to discuss the care of her elderly mother suffering with cancer.

Following the Claimant raising that she could not attend the meeting, she was told it was not optional. The Claimant reiterated that she could not attend, and she was told her resignation was accepted. The Claimant confirmed she had not resigned and was essentially told she was dismissed.

Simon and David discuss how employers should deal with ambiguous resignations and the issues this employer faced at the Final Hearing. This included the process that followed this email exchange, failing to follow their internal policies and the predetermined outcome of dismissal.

They reiterate the importance of our advice!