2402117/2024Respondent won

Abraclean Ltd

7 January 2026·Employment Tribunal·England & Wales·Regional Employment Judge Franey

Respondent

Abraclean Ltd

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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-founded

The 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.

Claim Types

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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.

Original published judgment

The full source document is available from the official publication page.

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