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Kwik-Fit (GB) Ltd v Lineham

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Kwik-Fit (GB) Ltd v Lineham
CourtEmployment Appeal Tribunal
Citation ICR 183
Keywords
Unfair dismissal

Kwik-Fit (GB) Ltd v Lineham ICR 183 is a UK labour law case, concerning unfair dismissal, now governed by the Employment Rights Act 1996.

Facts

On returning from the pub, an employee Mr Lineham used the toilet after hours at the depot where he worked. The employer publicly rebuked him, and gave him a final written warning. Lineham threw down his keys and drove off and phoned the company the day after, asked for his wages and told Mr Kattner, the boss, he was going to tribunal.

Judgment

Wood J held that the employer was not entitled to assume that the phone call was a resignation. He stated that the employer should accept a resignation within a reasonable time, but this was not that.

See also

Unfair dismissal cases
ILO Termination of Employment Convention, 1982 C 158
Employment Rights Act 1996 ss 94-132
R (Seymour-Smith) v SS for Employment UKHL 12
Gisda Cyf v Barratt UKSC 41
Kwik-Fit (GB) Ltd v Lineham ICR 183
Western Excavating (ECC) Ltd v Sharp EWCA Civ 2
Buckland v Bournemouth University EWCA Civ 121
Adamas Ltd v Cheung UKPC 32
Notcutt v Universal Equipment Co Ltd EWCA Civ 3
Ford v Warwickshire CC 2 AC 71
British Home Stores Ltd v Burchell ICR 303
Iceland Frozen Foods Ltd v Jones ICR 17
Williams v Compair Maxam Ltd ICR 156
British Leyland UK Ltd v Swift IRLR 91
HSBC Bank plc v Madden EWCA Civ 3030
Polkey v AE Dayton Services Ltd UKHL 8
Port of London Authority v Payne EWCA Civ 26
Norton Tool Co Ltd v Tewson EW Misc 1
Dunnachie v Kingston-upon-Hull City Council UKHL 36
Nelson v British Broadcasting Corporation (No 2) ICR 110
see UK labour law and unfair dismissal

Notes

  1. "Employment - 1992". Retrieved 11 January 2012.

References

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