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United Kingdom Employment Appeal Tribunal |
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You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Baptie v. CEC Ltd [2004] UKEAT 0057_03_1203 (12 March 2004) URL: http://www.bailii.org/uk/cases/UKEAT/2004/S0057_03_1203.html Cite as: [2004] UKEAT 57_3_1203, [2004] UKEAT 0057_03_1203 |
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At the Tribunal | |
Before
THE HONOURABLE LORD JOHNSTON
DR A H BRIDGE
Ms A E ROBERTSON
APPELLANT | |
RESPONDENT |
Transcript of Proceedings
JUDGMENT
Transcript of Proceedings
For the Appellant | Mr K Hogg, Solicitor Of- Messrs Allcourt Solicitors 1 Carmondean Centre Carmondean LIVINGSTON EH54 8PT |
For the Respondents |
Ms M Paterson, Employment Consultant Of- MENTOR Services 134 West Regent Street GLASGOW G2 2RQ |
LORD JOHNSTON:
"The question for the Tribunal was whether the applicant had been dismissed or resigned. By a majority the Tribunal took the view that the applicant had resigned in the course of her telephone call to Mr O'Rourke. It seemed to them probable that, given that she had started her full time post so soon after the call, and she knew that the full time post was available when she phoned, her intention was to resign from the respondents' employment. While the Tribunal could not tell what words were actually said, it accepted that Mr O'Rourke was entitled to infer resignation from the general terms of the conversation."