Accounts assistant with 16 years' service resigned via father: tribunal upholds employer's position
A tribunal has dismissed claims of unfair dismissal, unlawful deductions, and breach of contract brought by an accounts assistant who resigned through her father and received her P45 without contacting her employer for over two months.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as an Accounts and Administrative Assistant from January 2006.
- The respondent is a family-owned haulage company run by the claimant's father and uncle.
- On 16 February 2022, the claimant's father told the respondent's director that the claimant would not be coming in anymore.
- The claimant did not attend work after 16 February 2022 and received her P45 on 24 February 2022.
- The claimant did not contact the respondent about her employment status for over two months.
- The bonus claimed was not guaranteed and was paid at the discretion of the respondent.
Timeline
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Employment commenced
The claimant started her continuous employment as an Accounts and Administrative Assistant.
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Bonus payments began
The respondent started paying annual bonuses to family members, including the claimant.
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Mortgage letter
A letter was written for mortgage purposes stating a guaranteed yearly bonus of £10,000.
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Tensions arose
The claimant suspected Gary Moore of financial misconduct, leading to password changes and a tense exchange.
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Alleged resignation
The claimant's father told Gary Moore that the claimant would not be coming in anymore.
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Desk cleared
The claimant's desk was cleared by a colleague at her request.
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P45 received
The claimant received her P45 and final pay up to 16 February 2022.
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Solicitor's letter
The claimant first raised the issue of dismissal via a solicitor's letter.
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Claim presented
The claimant presented her claim to the Employment Tribunal.
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Judgment
The tribunal dismissed all claims, finding the claimant resigned.
The legal issue
The tribunal had to decide whether the claimant was dismissed or resigned, and whether she was entitled to a guaranteed bonus and other payments.
The outcome
The tribunal dismissed all claims, finding that the claimant resigned. It held that the director reasonably understood the father's statement as a resignation, and the claimant's subsequent silence for over two months confirmed that. The bonus was discretionary and not guaranteed, so no breach of contract. The claimant also failed to prove any unlawful deduction or failure to provide particulars.
- Unfair dismissal: dismissed (no dismissal)
- Unlawful deductions from wages: dismissed
- Failure to provide statement of particulars: dismissed
- Breach of contract (bonus): dismissed
- Holiday pay: withdrawn
Lessons & takeaways
- If you want to resign, do so clearly and in writing – relying on a third party to communicate your intentions can lead to misunderstandings.
- If you are unsure whether you have resigned, contact your employer promptly to clarify your status; silence for months can be taken as acceptance.
- Discretionary bonuses are not guaranteed unless there is a clear contractual promise – a letter for mortgage purposes may not create a binding obligation.
- Family businesses often have informal arrangements, but employment rights still depend on what was actually agreed, not what was hoped for.
This case shows the risks of informal communication in a family-run business. The claimant, an accounts and administrative assistant with 16 years' service, had a falling out with her uncle, the company director, over allegations of financial misconduct. After a tense exchange, her father told the director that she would not be coming in anymore. The director took that as a resignation, sent her P45, and paid her up to that date. The claimant did not contact the company for over two months, only raising the issue through a solicitor's letter in April 2022.
The tribunal found that the director reasonably understood the father's statement as a resignation. The claimant's failure to contact the employer for over two months, despite receiving her P45 and final pay, confirmed that she had resigned. There was no dismissal, so the unfair dismissal claim failed. The bonus claim also failed because the bonus was discretionary – a letter written for mortgage purposes did not create a contractual entitlement.
What the employer did right
G Moore Haulage Limited acted reasonably by accepting what appeared to be a clear resignation and processing the paperwork promptly. The tribunal noted that the claimant's father was a director and shareholder, so his statement carried weight. The employer also had no obligation to chase the claimant for clarification.
What the claimant could have done differently
If the claimant did not intend to resign, she should have contacted the employer immediately to clarify. Instead, she remained silent for over two months, which undermined her case. She also relied on an informal bonus arrangement that was never contractually guaranteed.
Why this matters
This case is a reminder that resignation can be communicated through a third party, and that silence can be interpreted as acceptance. Employees should always confirm their intentions in writing and seek clarification if they are unsure. For employers, clear communication and documentation of resignations can avoid disputes.
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