Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

redmans-blog-analysisIn the case of Sandle v Adecco UKEAT/0028/16/JOJ the Employment Appeal Tribunal (“EAT”) held that the Claimant, Ms Sandle, had not been dismissed from her employment as her dismissal had never been directly communicated to her.

Ms Sandle, a lawyer, was employed by Adecco UK Ltd, a recruitment agency. She was assigned to work with one of its most important clients, BASF plc, in November 2011 as a commercial lawyer. Ms Sandle enjoyed her role at BASF and, during the course of her assignment, had little communication with Adecco and kept her contact there, Mr Orr, at a distance.

In the course of 2013 BASF decided to terminate Ms Sandle’s assignment and gave her notice of termination on 30 November 2013. She worked her notice period with BASF but, during this, did not attempt to make any attempt to contact Adecco; equally, Mr Orr only made one attempt to contact her (leaving a voicemail on her mobile phone). Mr Orr did not proactively attempt to source employment for Ms Sandle and did not enquire with any of his colleagues as to whether there were any suitable opportunities for her.

The Claimant’s assignment with BASF came to an end on 30 November 2013 with neither Ms Orr nor Ms Sandle having made any attempt to contact each other. On 12 February 2014 Adecco’s payroll department generated a P45 for its own records – however, a copy of this was not sent to Ms Sandle.

Ms Sandle brought a claim for unfair dismissal against Adecco and BASF. Adecco accepted that Ms Sandle was its employee but denied having dismissed her.

The Employment Tribunal held that Ms Sandle’s claim for unfair dismissal could not be upheld as her dismissal had not been communicated to her; she had simply assumed that she had been dismissed. It is a crucial ingredient of an unfair dismissal claim that a dismissal must be communicated to the employee for it to be effective.

Ms Sandle appealed this decision to the Employment Appeal Tribunal, arguing that a dismissal canbe implied by conduct (Gisda Cyf v Barratt) and that an interpretation of s95(1)(a) Employment Rights Act 1996 did not require communication of dismissal.

The Employment Appeal Tribunal dismissed the appeal, holding that Ms Sandle had the burden of showing that her dismissal had been communicated to her and that she had simply not ‘hurdled’ this burden; dismissal could be implied by conduct but that conduct has to be something of which the employee is aware.

Chris Hadrill, a specialist employment solicitor at Redmans, commented on the case: “This case may seem a little harsh on its face (as one could argue, as Ms Sandle did, that the almost-complete failure to contact her constituted conduct which implied that Adecco no longer wished to dimiss her) but does seem to follow the line of existing precedent that states that an employee must be aware of their dismissal in order for it to be communicated to them.”

The transcript of Sandle v Adecco UK Limited can be found here

About

Redmans Employment Team deal with employment matters for both employers and employees, including drafting employment contracts and policies, advising employers and employees on compromise agreements, handling day-to-day HR issues, advising on restructures, and handling Employment Tribunal cases for both employers and employees Call 020 3397 3603 to speak to one of the members of our employment team or email us on enquiries@redmans.co.uk. Redmans have offices in Richmond, Chiswick, Hammersmith, Fulham, Kingston, Wimbledon, Ealing, Kings Cross and Marylebone (meetings strictly by appointment only).

Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

Share →

Our awards

Request a callback

Your name

Your email

Your telephone number

Contact us

Please feel free to discuss your own position and concerns. Contact your nearest office on:

T: 020 3397 3603
E: enquiries@redmans.co.uk
W: www.redmans.co.uk

Testimonials

4.76 Average

103 Reviews

Rob O

Very prompt response and I could not fault the service. My solicitor listened carefully to the details of my case and I felt very confident in the advice I was offered. All emails and work done on my behalf with my former employer was of the highest standard and Redmans helped take a lot of the stress out of the situation for me.

Posted 1 day ago

Mike H

Very professional, friendly, proactive. I would highly recommend Redmans.

Posted 1 day ago

Anonymous

Fantastic and quick service!

Posted 1 day ago

Anonymous

I was very satisfied with Redmans' service. Clear, sensible advice and the bill was in line with their estimate. I would recommend them.

Posted 1 day ago

Eugene A

Excellent communication and guidance provided on the redundancy settlement process. Process was concluded quickly, very satisfied with service.

Posted 1 day ago

Harold d

Great personlised service and quick communication. Solicitor helps greatly in understanding the options and advising best course of action.

Posted 1 day ago

Trish B

Professional and efficient. A pleasure to deal with.

Posted 2 days ago

Omi H

Excellent communication. A tactical negotiator to get the best package for the client. Highly recommended.

Posted 2 days ago

Nicholas S

Very prompt and efficient. Excellent advice.

Posted 2 days ago

Anonymous

Very helpful and always available to help! It was my first time to deal with any solicitors, but I felt very supported until the end!! Well done!! and great Job!!

Posted 1 week ago

Mohamed F

Excellent and professional solicitors, highly recommended

Posted 4 weeks ago

Anonymous

Redmans Solicitors provided a professional and prompt service in dealing with my settlement agreement. They used their experience to negotiate a better deal for which I am grateful for. I highly recommend their services.

Posted 1 month ago

Cheryl R

Very efficient and friendly lawyers. I have used Redmans twice now and Chris Hadrill has been amazing to work with. Would highly recommend Redmans.

Posted 1 month ago

Anonymous

I found Redmans Solicitors to be extremely professional, dealing with my questions and concerns quickly and in detail. I would have no hesitation in recommending Redmans Solicitors to anyone.

Posted 1 month ago

Anonymous

I requested Redmans services on a redundancy case. Both Chris and Rana were great, thoughtful, very professional and responded quickly. They were very clear throughout the entire process, regarding the process and my options and I couldn't feel I had better legal advice for my case. Overall excellent service and I would certainly recommend and use their services again.

Posted 1 month ago

Anonymous

Responsive, patient, thorough and personable - an excellent service.

Posted 1 month ago

Anonymous

The team at Redmans, Chris Hadrill and Sacha Barrett were always very helpful and had expert knowledge to assist me during my employment law matter, I would not hesitate to recommend them to all!

Posted 1 month ago

Arun T

Chris was punctual, attentive and accurate. He answered my questions with clarity and avoided dubiosity. I would recommend him to anyone seeking legal advice within his remit.

Posted 1 month ago

Yulian Z

Great service

Posted 1 month ago

Anonymous

Excellent, professional service and a speedy resolution. Many thanks

Posted 1 month ago

Taral P

Sacha and Chris were both very helpful in closing out my matter. Sacha was very clear in helping me understanding the documents I needed reviewing, providing a professional service throughout.

Posted 1 month ago