Decision date
7 January 2026
Tribunal
Employment Tribunal
Jurisdiction
England & Wales
Judge
Regional Employment Judge Franey
Case Summary
The claimant's complaint of unfair dismissal was dismissed as his resignation on 5 December 2023 was not considered a dismissal under the Employment Rights Act 1996.
Why this outcome?
Claim not well-foundedThe claimant resigned on 5 December 2023, which does not constitute a dismissal under the Employment Rights Act 1996, as the statutory definition requires termination by the employer, not the employee.
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Key Issues
- •It was not reasonably practicable for the claim to have been presented within time and it was presented within a further reasonable period, so the Tribunal has jurisdiction over it under section 111 Employment Rights Act 1996.
- •The complaint of unfair dismissal is not well-founded and is dismissed. The claimant's resignation on 5 December 2023 was not a dismissal under section 95(1)(c) Employment Rights Act 1996.
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Case Details
- Case No.
- 2402117/2024
- Tribunal
- Employment Tribunal
- Level
- First instance
- Decision
- 7 January 2026
- Published
- 8 March 2026
- Jurisdiction
- England & Wales
- Judge
- Regional Employment Judge Franey
- Representation
- Litigant in person
Registered Company
- Company name
- ABRACLEAN LIMITED
- Company number
- 01404968
- Industry
- Manufacturing
- Status
- active