In the recent case of Townsend v Commercial Storage Ltd the ET ruled that an employee was unfairly dismissed when he was told to “not to bother coming back on Monday” during an argument with his manager.
The employee, who worked as a driver, was disgruntled after coming in during his holiday to help his manager set up a new vehicle. In the ensuing argument the employee was told not to bother coming back to work.
The employee took this as a dismissal but the employer said he resigned. After no contact by either the employee or the manager, the employee was sent his p45 a few weeks later. The ET stated that the employer had not followed any correct procedure and had made no effort to confirm or reinstate the employee. The lesson for employers is to be careful what you say, especially in heated arguments.