Can my husband take his brother to employment tribunal?

Podge52

If he was allowed to work on the Friday, then wouldn't his absence be classed as unauthorised absence rather than resignation?

home_bird

No. He only stayed for a short while before he was told to leave on Friday as his brother's wife was starting to have a go at him. He didn't want to cause a scene as there were customers about.

SecondRow

Another_not_new_user wrote: »

Not legally I don't. I did read that. I also read the bit where he had walked out of his job and didn't go back for a month. That is breach of contract by the employee, and as such is a resignation in law. The fact that his brother may not have recognised this doesn't make a difference. An employment tribunal would consider that the breach of contract was on the part of the employee, not the employer.

Let's be clear about something, you can't resign by default or indeed by absence. Resignation is a formal act so it has to be tendered by the employee in writing.

Takeaway_Addict

SecondRow wrote: »

Let's be clear about something, you can't resign by default or indeed by absence. Resignation is a formal act so it has to be tendered by the employee in writing.

Of course it doesn't, an employer can't force someone to write a resignation letter

SecondRow

Takeaway_Addict wrote: »

Of course it doesn't, an employer can't force someone to write a resignation letter

I don't follow? How does an employer achieve resignation by an employee if the employee doesn't resign then?

Another_not_new_user

SecondRow wrote: »

Let's be clear about something, you can't resign by default or indeed by absence. Resignation is a formal act so it has to be tendered by the employee in writing.

And lets be clear that failing to turn up to work for a month is a repudiation of contract, which is a what a resignation is! So yes, you can indeed resign by absence. Unauthorised absence. "Resignation" does not actually exist at all in law, so there are absolutely no "rules" about it having to be in writing, and in fact a verbal resignation, or indeed, simply not turning up, does just as well.

SecondRow

Another_not_new_user wrote: »

And lets be clear that failing to turn up to work for a month is a repudiation of contract, which is a what a resignation is! So yes, you can indeed resign by absence. Unauthorised absence. "Resignation" does not actually exist at all in law, so there are absolutely no "rules" about it having to be in writing, and in fact a verbal resignation, or indeed, simply not turning up, does just as well.

Whatever, and, I'd love to see my reference if I failed to turn up for work given that it's content is covered by the Data Protection legislation and it must therefore be accurate! Then of course, the Government must have it wrong too as they seem to offer flawed advice and interestingly, no mention of repudiation of contract which I would agree, does not exist in law.

https://www.gov.uk/handling-staff-resignations

Takeaway_Addict

SecondRow wrote: »

I don't follow? How does an employer achieve resignation by an employee if the employee doesn't resign then?

Verbally for a start is an alternate way the employee can resign, it does not have to be in writing

Another_not_new_user

SecondRow wrote: »

Whatever, and, I'd love to see my reference if I failed to turn up for work given that it's content is covered by the Data Protection legislation and it must therefore be accurate! Then of course, the Government must have it wrong too as they seem to offer flawed advice and interestingly, no mention of repudiation of contract which I would agree, does not exist in law.

https://www.gov.uk/handling-staff-resignations

That is not a statement of law. It is a statement of good practice. As they clearly state in your link, a written resignation makes the matter clear and nothing more than that.


A repudiation of contract certainly does exist in law. It is "resignation" which does not exist in law. Resignation is simply another word to describe a termination of contract. If you deliberately breach your contractual terms then you are repudiating your contract - in other words, saying that you will not be bound by the contractual agreement, and in breaking that agreement it no longer exists. And if you happen to be the employee saying that, as in this case, it is a "resignation" - just as an employer refusing to provide work can be a dismissal.


I am not clear what your reference or the DPA has to do with any of this, but references do not have to be "accurate". They must be truthful and not deliberately misleading, which is entirely different from the word "accurate". References which are not are actionable under defamation (although quite unusual because it is a costly action to bring) or negligent misstatement - not the DPA.


And as for the government having it wrong - well they do quite a lot of that, don't they?

Undervalued

SecondRow wrote: »

Let's be clear about something, you can't resign by default or indeed by absence. Resignation is a formal act so it has to be tendered by the employee in writing.

Sorry but this is utter nonsense!