In Cope v Razzle Costumes Ltd, an employment tribunal held that an employee who returned her keys and said ‘I’m done’ before walking out could not be treated as having resigned without further clarification from the employer.
The Facts
Ms Cope was employed as a factory supervisor by a small manufacturing business, Razzle Dazzle Costumes. After a fallout with a co-worker, she was accused of bullying. She denied the allegations and said she would go on sick leave if she had to work with that colleague. Her employer asked her to remain professional towards the colleague in question and she requested a meeting to discuss the situation, saying that she would resign if things weren’t sorted out.
The following day, Ms Cope was anxious about the situation and tried to speak with her employer a few times but was told each time that she was out of the office, attending a medical appointment. Ms Cope was visibly upset and after being unable to speak to her employer following a few attempts, she put her factory keys on the desk and stated ‘I’m done’ before walking out.
The colleague who witnessed this at the time interpreted it as Ms Cope’s resignation and informed the employer who accepted this without clarifying the situation with Ms Cope. Later that evening, Ms Cope sent a text message to the employer saying that she wanted to speak to her and submitted a sick note the following day. This was refused by her employer, who said that they believed that she had resigned and that they had accepted her resignation.
Ms Cope brought claims for unfair and wrongful dismissal against her employer.
The Tribunal’s Decision
The Tribunal began by noting that while a resignation does not have to be in writing, it should still be clear and unambiguous. It took the view that no reasonable employer would have perceived Ms Cope’s actions to be an unambiguous resignation, especially since she was in a highly anxious state when it took place. Furthermore, the employer in this case should not have relied on the interpretation of Ms Cope’s colleague; they should have checked with her directly as to whether she had resigned.
Moreover, when Ms Cope contacted them and submitted a sick note, the employer should have realised that this was inconsistent with a resignation. In the tribunal’s view, the employer took the opportunity to dismiss Ms Cope to avoid having to deal with the bullying allegations against her. As a result, it went on to find that Ms Cope had been unfairly and wrongly dismissed without notice.
Our Comments
As this case highlights, employers need to take care with verbal resignations. There may be some situations where intention needs to be investigated, for example, where a heat-of-the-moment resignation takes place. Where an employee gives a verbal notice of resignation in such circumstances, the employer should ask them to confirm in writing within a certain time period whether they want to resign. This should help deal with any issues around intent.
For further information or advice about resignations, please contact a member of our experienced employment law team or email us.
Photo by Karolina Grabowska
