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

172 Reviews

Anonymous

I had an employment issue which required legal advice. Chris was very supportive and knowledgeable, resulting in an optimum resolution in my favour. Would definitely recommend.

Posted 5 days ago

David M

Very professional and first-rate advice. I would use again. With thanks,

Posted 5 days ago

Anonymous

Got the job done swiftly without going too much in to detail.

Posted 6 days ago

Derek W

Redmans dealt with my case very efficiently and I was happy with the outcome.

Posted 1 week ago

Anonymous

Timely professional advice!

Posted 1 week ago

Anonymous

Very good service

Posted 2 weeks ago

Anonymous

I was in contact with Chris and then worked with Caroline on an employment matter. I was very pleased with the service and professionalism throughout, and came away with satisfied with the outcome. Would happily recommend.

Posted 2 weeks ago

Nikki

Received advice re employment law. Chris was very helpful and advised accordingly. Would happily recommend them and if ever I need help again, will not think twice before using them.

Posted 2 weeks ago

Samantha K

Absolutely brilliant thank you. Caroline Lewis is a legend

Posted 2 months ago

Anonymous

The legal advice was clear and helpful.

Posted 2 months ago

Davinder P

Good Service

Posted 2 months ago

Adrian V

I was using Redmans services for a Settlement Agreement. Very quick and professional service. The outcome was favourable and I was very pleased with the amendments and results. Pretty glad to recommend them for any type of legal advice.

Posted 2 months ago

Anonymous

Very responsive, efficient, clear and supportive. Thank you! Highly recommend.

Posted 2 months ago

Tiago S

Chris was always prompt to help me with legal matters that are beyond my comprehension and very helpful leasing with my former employer. I would recommend Redmans Solicitors to everyone who needs help.

Posted 2 months ago

Anonymous

Fast and professional advice tailored to what was needed. Thanks for your help Chris Hadrill and team.

Posted 2 months ago

Peter S

Really pleased with the outcome and the advice I had from Chris and Sacha.

Posted 2 months ago

Harika A

Redmans solicitor's helped me with my settlement agreement, Chris has been very helpful throughout the process.He was very prompt in his responses and made my settlement look simple.Special thanks to Caroline for her efficient communication, thorough explaination of contract terminology and negotiations.I highly reccommend Redmans solicitors for anyone seeking employment related legal help.

Posted 2 months ago

Anonymous

Good and quick service

Posted 2 months ago

Ricky D

Very satisfying to be assured of such attention and professionalism.

Posted 2 months ago

Anonymous

Excellent service - thankyou

Posted 2 months ago

Anonymous

Efficient, timely and friendly support and advice

Posted 2 months ago