Francis v Pertemps Recruitment Partnership Ltd - Dismissal or termination by mutual agreement? [2013] EAT

Where a contract of employment ends in circumstances that may appear to be mutual agreement ,but where in fact the employee had no choice in the matter, there may still be a dismissal in law.

Mr Francis was employed by Pertemps, a recruitment business, to work as an administrative assistant under the direction of a specified client, Transco and then SGN. After 2 and half years, SGN no longer required Mr Francis's services, so Pertemps offered him the choice of (i) 2 weeks’ notice, plus redundancy pay, or (ii) 2 week’s notice, with the agency seeking out fresh work with a view to his entering into a new contract to do that work.

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