Redundancy warning that never became a dismissal: brand manager loses unfair dismissal claim
A brand manager with 14 years' service was told she might lose her job, found a new role and left. The tribunal ruled she resigned, not that she was dismissed.
1 min read · Last updated 19 May 2026
Case details
- #redundancy-warning
- #implied-resignation
- #no-dismissal
- #small-family-business
- #six-months-notice
Key facts
- The claimant was employed from September 2009, initially as Operations Manager, later as Brand Manager.
- In October 2022, the respondent lost a major supplier and the claimant was told she might lose her job.
- The claimant found new employment with the NHS starting 1 April 2023 and informed the respondent.
- The claimant proposed a leaving date of 31 March 2023, which the respondent accepted.
- The respondent never gave the claimant formal notice of dismissal or redundancy.
- The tribunal found the claimant had impliedly resigned by her actions.
Timeline
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Employment started
Claimant began working for Mr I Oliver as Operations Manager.
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Employment transferred
Claimant's employment transferred to Canners & Packers International Limited.
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Meeting at Costa Coffee
Mr Simon Tate told claimant about loss of St Dalfour contract; claimant says she was told she would lose her job.
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Text message from Mr Simon Tate
Mr Tate sent a text referring to 'bombshell' and 'horrible situation'.
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Phone call with Mr Mark Tate
Claimant says Mr Mark Tate confirmed she would lose her job.
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Claimant offered new job
Claimant informed Mr Simon Tate she had been offered a job with the NHS.
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Mr Simon Tate started new job
Mr Simon Tate commenced new employment while still working for respondent.
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Email about leaving date and redundancy
Claimant emailed Mr Simon Tate stating leaving date 31 March 2023 and asking about redundancy/severance pay.
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Conversation at office
Claimant asked about redundancy; Mr Simon Tate said she was not being made redundant.
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Email exchange with Mr Mark Tate
Claimant stated she would continue working; Mr Mark Tate assumed she was leaving voluntarily.
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Respondent's letter
Respondent wrote to claimant stating they would not rescind her resignation and there was no redundancy.
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Employment ended
Claimant left the respondent company.
The legal issue
The tribunal had to decide whether the claimant was dismissed by reason of redundancy or resigned. A warning of potential redundancy does not constitute a dismissal unless the employer gives a firm termination date.
The outcome
The tribunal dismissed both the unfair dismissal and redundancy claims.
- The claimant was told in October 2022 that she might lose her job after a major contract was lost.
- She found a new job starting 1 April 2023 and proposed a leaving date of 31 March 2023, which the employer accepted.
- The employer never gave formal notice of dismissal or redundancy.
- The tribunal held that the claimant's actions amounted to an implied resignation, and there was no dismissal.
No compensation was awarded as the claims failed.
Lessons & takeaways
- A warning that you may be made redundant is not a dismissal – you are still employed until a firm termination date is given.
- If you find a new job and propose a leaving date, your employer may treat that as your resignation, even if you think you are being made redundant.
- Keep written records of all communications about your employment status to avoid disputes about who ended the relationship.
- In a small family business, informal conversations can carry legal weight – seek clarity in writing if you are uncertain.
- Length of service does not automatically make a redundancy warning into a dismissal; the key is whether the employer gave a definite notice to terminate.
When a redundancy warning is not a dismissal
This case highlights a common misunderstanding: being told you 'might' lose your job is not the same as being dismissed. The claimant, a brand manager with 14 years' service, was informed in October 2022 that the company had lost a major supplier and her role was at risk. She took this as a dismissal and began looking for work, securing a new job with the NHS starting in April 2023.
However, the employer never gave formal notice of redundancy or dismissal. When the claimant proposed a leaving date of 31 March 2023, the employer accepted it. The tribunal found that by finding a new job and proposing a leaving date, the claimant had effectively resigned. The warning of potential redundancy did not amount to a dismissal because no firm termination date was given.
What the employer could have done differently
The employer, a small family business, might have avoided the dispute by clearly communicating that the redundancy warning was not a dismissal and by following a formal consultation process. Instead, informal conversations and text messages left the claimant believing she had been dismissed. The tribunal noted that the employer's directors gave conflicting evidence, but ultimately the lack of a clear termination notice was decisive.
Why this matters for similar claims
For employees, this case is a reminder that a redundancy warning does not end your employment – you remain employed until the employer gives a definite notice to terminate. If you find a new job and agree a leaving date, you may be seen as resigning. For employers, it underscores the importance of clear, written communication about redundancy processes to avoid misunderstandings that can lead to tribunal claims.
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