Termination by dismissal

It is usually obvious when an employee has been dismissed, but there is sometimes ambiguity, particularly where words are exchanged in the heat of the moment. An employee may think they have been dismissed if they are told to “get out” after a heated argument, but it may be that the employer was expecting them to return the following day.

It is not possible to bring an unfair dismissal claim if the tribunal decides that someone resigned voluntarily instead of being dismissed.

Where there is ambiguity over whether or not there was a dismissal, a tribunal will look at all the circumstances surrounding the event and decide how a reasonable employee or employer would have interpreted it.