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Sandhu v Jan De Rijk Transport Ltd - resignation or dismissal? - Court of Appeal 10.5.07

The Court of Appeal has overruled a decision by an employment tribunal (which had been upheld by the EAT) to the effect that at the end 2002 Mr Sandhu had resigned rather than been dismissed from his job with Jan De Rijk Transport. His unfair dismissal claims had been rejected on the grounds that he simply had not been dismissed but the Court of Appeal has ruled that this was wrong. On the facts, by agreeing terms for ending his employment, Mr Sandhu had done no more than attempt to "salvage what he could from the inevitable fact that he was going to be dismissed ...

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