
Can a mistaken belief of resignation justify a fair dismissal?
Picture this – your employee requests an advance of holiday pay and a copy of their contract of employment. You deem that to be the employee serving notice to terminate their employment. It turns out that this was not the case. Will that dismissal be fair or unfair?
In Impact Recruitment Services Ltd v Korpysa, the Employment Appeal Tribunal (“EAT”) have ruled that a mistaken, but genuine belief that an employee had resigned, could amount to a fair reason for the dismissal of an employee.










