Motor mechanic told 'time you went' wins unfair dismissal claim
A motor mechanic with three years' service was unfairly dismissed after being told 'I think it's time you went' and 'There's no time like the present'. The tribunal found the employer's Facebook advert for a replacement on the same day confirmed the dismissal.
1 min read · Last updated 18 May 2026
Case details
- #actual-dismissal
- #words-of-dismissal
- #facebook-advert
- #polkey-mentioned
- #no-fair-procedure
Key facts
- The claimant worked as a motor mechanic for the respondent for three years.
- On 10 January 2023, the respondent told the claimant 'I think it's time you went' and 'There's no time like the present'.
- The respondent asked the claimant to return his toolbox, which is consistent with dismissal.
- The respondent advertised for a replacement mechanic on Facebook on the same day.
- The tribunal found that the claimant did not resign but was dismissed.
- The dismissal was without any fair procedure, making it unfair.
Timeline
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Dispute over working hours and holidays
The claimant and respondent disagreed about the claimant's working hours and holiday entitlement for Christmas.
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Respondent contacts claimant's father
The respondent contacted the claimant's father to discuss concerns about the claimant's health and working relationship.
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Alleged dismissal
The respondent told the claimant 'I think it's time you went' and 'There's no time like the present'. The claimant left and returned his toolbox.
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Facebook advert posted
The respondent advertised for a motor mechanic with immediate start on Facebook, later removing the post.
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Message to claimant's partner
The respondent sent a message to the claimant's partner stating he had asked the claimant to resign and was taking his departure as resignation.
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Tribunal hearing
The Employment Tribunal heard evidence from both parties regarding the unfair dismissal claim.
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Judgment issued
The tribunal found the claimant was unfairly dismissed and adjourned the remedy hearing.
The legal issue
The tribunal had to decide whether the claimant resigned or was actually dismissed, and if dismissed, whether the dismissal was unfair.
The outcome
The tribunal found that the claimant was unfairly dismissed. The key reason was that the employer's words on 10 January 2023 — 'I think it's time you went' and 'There's no time like the present' — were clear words of dismissal, not an invitation to resign. This was reinforced by the employer posting a Facebook advert for a replacement mechanic with immediate start on the same day. The dismissal was without any fair procedure, making it automatically unfair. The remedy hearing was adjourned to a later date, so no compensation has yet been awarded.
Lessons & takeaways
- Clear words of dismissal, such as 'I think it's time you went', can amount to an actual dismissal even if the employer later claims the employee resigned.
- Posting a job advert for a replacement on the same day as a disputed conversation is strong evidence that a dismissal took place.
- Employers must follow a fair procedure before dismissing an employee, regardless of the reason for the dismissal.
- Employees who are told to leave should seek legal advice immediately and preserve any evidence, such as screenshots of job adverts or messages.
When words speak louder than intentions
This case shows how easily a poorly chosen phrase can lead to a finding of unfair dismissal. The motor mechanic, who had worked for JDH Motor Repairs Limited for three years, was told by his employer 'I think it's time you went' and 'There's no time like the present'. The employer later claimed he had only suggested the employee look for another job and that the employee had resigned. But the tribunal preferred the employee's version of events, noting that the employer immediately advertised for a replacement mechanic on Facebook — a clear sign that the employer considered the employment at an end.
What the employer could have done differently
The employer could have avoided this outcome by following a proper procedure. If there were genuine concerns about the employee's performance or conduct, the employer should have raised them formally, held a meeting, and given the employee an opportunity to respond. Instead, the employer acted impulsively, using ambiguous language that the tribunal interpreted as an outright dismissal. The Facebook advert was particularly damaging to the employer's case, as it showed a decision to replace the employee had already been made.
Why this case matters
For employees, this case is a reminder that clear words of dismissal — even if spoken in the heat of the moment — can amount to an unfair dismissal if no fair procedure is followed. For employers, it highlights the importance of careful communication and the need to follow a proper process before ending someone's employment. The case also demonstrates that tribunals will look at the whole picture, including actions taken after the alleged dismissal, to determine what really happened.