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Dismissal not effective if not communicated

The employee was employed by a recruitment and employment business, which provided temporary workers to its clients.

When the assignment she was working on came to an end, the agency did not take proactive steps to find her other work, but she in turn didn’t make any attempt to contact them. The agency assumed she wasn’t interested in any more agency work but did not check with her.

The tribunal held that as the agency had not communicated an unequivocal intention to dismiss her, nor had the employee resigned and therefore the employment relationship was ongoing at the time she issued the tribunal claim. The Employment Appeal Tribunal agreed. As she failed to prove that she had been dismissed her claim failed.

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