A recent success in the EAT

  • Denise Rose
  • Friday, December 22nd, 2017

DPH Legal recently represented the successful claimant Mr Basra in the Employment Appeal Tribunal (EAT) in his appeal against a decision of the Tribunal.  The EAT decision has been reported widely in the legal press.

The question was whether Mr Basra had effectively resigned by responding to a “without prejudice” offer of a settlement agreement from his employer.  DPH Legal on behalf of the claimant Mr Basra argued that the resignation could not be effective as it was part of a “protected conversation”, i.e. that it was “off the record”.

The decision of the EAT was that the original Tribunal was wrong to exclude evidence of pre-termination negotiations under S.111A of the Employment Rights Act 1996 when determining the effective date of termination (EDT) for the purpose of an unfair dismissal claim.  This was the result that the claimant was seeking and Mr Basra’s claim of unfair dismissal will now be remitted to the Tribunal for further consideration.

The full reported decision can be read here:-

https://assets.publishing.service.gov.uk/media/5a390e9c40f0b649cfaf86a2/Mr_B_Basra_v_BJSS_Ltd_UKEAT_0090_17_DA.pdf