The employment appeal tribunal (EAT) has provided guidance on so-called ‘heat of the moment’ resignations. This guidance came following the EAT’s review of Omar v Epping Forest District Citizens Advice, in which the claimant resigned verbally during a heated discussion with a manager. Later, when the claimant tried to retract the resignation, the respondent refused. After a month’s notice period the claimant’s employment was terminated, and the claimant brought claims for unfair and wrongful dismissal.
The EAT held that the employment tribunal had been wrong in finding that the claimant had resigned, as it said that the tribunal had failed to consider the crucial question of whether the claimant had really intended to resign. The EAT advises:
A notice of resignation, once effectively given, cannot be unilaterally retracted.
Employers should look at words of resignation objectively in the circumstances of the case.
The circumstances that may be taken into account include anything that would have affected the way in which the language used would have been understood by a reasonable bystander.
The subjective understanding of the recipient is relevant but not determinative.
It is not enough if the party expresses an intention to resign in future: the reasonable bystander, in the position of the recipient, must understand from the words used that the speaker is actually resigning.
The reasonable bystander, in the position of the recipient, must feel that the resignation was ‘seriously meant’, ‘really intended’ or ‘conscious and rational’.
Employers should assess whether the words reasonably appear to have been ‘really intended’ at the point in time that they were said.
Evidence about what happened after the resignation is relevant, but the longer the time that elapses, the more likely it is that the evidence will be of a subsequent impermissible change of mind (rather than of the intention at the time).
A podcast on the topic is available for free download via www.tinyurl.com/395nca4u.
SEXUAL HARASSMENT
The Worker Protection (Amendment of Equality Act 2010) Act 2023 has received royal assent and comes into force in October 2024. From then, all employers will be under a statutory duty to take reasonable steps to prevent sex harassment in the workplace. The Equality and Human Rights Commission can apply enforcement measures if employers fail to take reasonable steps. Any successful tribunal claim will also be subject to a compensation uplift of up to 25%.
MINIMUM WAGE CHANGES
The government has announced changes to minimum wage rates to apply from 1 April 2024. The national living wage will apply to all workers aged 21 and over for the first time. The annual increases to the minimum wage and national living wage are: £11.44 for those aged 21 and over (an increase of £1.02), £8.60 for those aged 18-20 (an increase of £1.11), and £6.40 for those aged 16-17 and apprentices (an increase of £1.12). The accommodation offset will be £9.99 per day (an increase of 89p).
BOX: HOW TO RECORD DRIVER CPC TRAINING
DVSA has updated guidance on how to record Driver CPC periodic training; see also www.tinyurl.com/f75psk4f.
You are responsible for checking the identity of the driver.
You must ensure the driver holds the correct category of licence as well as a current or expired Driver CPC qualification before conducting the periodic training and uploading it to the CPC Recording & Evidencing (R&E) system.
Drivers must provide their driving licence number.
You must upload the training records to the CPC R&E system within five working days of the course completion date.
All professional bus, coach and lorry drivers must carry their DQC with them at all times when they are working.
You must keep full, accurate records of all periodic training conducted for audit purposes.
We consider it best practice for centres to regularly review uploads using the ‘View training centre history’ facility to ensure all drivers have been uploaded correctly.
You should not upload periodic training until the driver has completed the full course.