Claimant won Employment Tribunal · 6 March 2023

Founder and CTO summarily dismissed on a Teams call: effective date of termination in dispute

A tribunal found that a founder and chief technology officer was summarily dismissed during a Teams call, despite the company later claiming otherwise. The preliminary ruling on the effective date of termination has implications for similar disputes.

1 min read · Last updated 18 May 2026

Case details

Key facts

  • The claimant was summarily dismissed by Mr Forlee during a Teams call on 5 July 2021.
  • The board had agreed to dismiss the claimant prior to the call.
  • The claimant's account of the call was preferred over Mr Forlee's.
  • The respondent did not disabuse the claimant of his understanding that he had been dismissed until 30 July 2021.
  • Two former CEOs had been exited in a similar manner.

Timeline

  1. Employment commenced

    Claimant started work as Chief Technology Officer and founder.

  2. Role changed to Chairman and Chief Innovation Officer

    Claimant's job title changed, effective from November 2020.

  3. Email exchange about role boundaries

    Mr Forlee raised concerns about blurring of responsibilities; claimant used phrase 'buried in the garden'.

  4. Emails forwarded to lead shareholders

    Mr Forlee forwarded the email exchange; shareholders reacted negatively.

  5. Shareholder calls

    Two calls between Mr Forlee and lead shareholders; agreement to dismiss claimant reached.

  6. Claimant summarily dismissed

    During a Teams call, Mr Forlee told claimant he was dismissed with immediate effect.

  7. Second call between claimant and Mr Forlee

    Claimant, under influence of alcohol, made threats; Mr Forlee noted claimant said he was 'dismissed without HR'.

  8. Claimant's access revoked

    Decision taken to revoke claimant's access to company systems and emails.

  9. Respondent denies dismissal

    Respondent wrote to claimant purporting to dismiss him and denying earlier dismissal.

The outcome

The tribunal ruled that the claimant was dismissed on 5 July 2021, the date of the Teams call. The decision turned on credibility: the tribunal preferred the claimant's evidence over that of Mr Forlee, the chairman and acting CEO. Key factors included:

  • The claimant's account of the call was consistent and supported by contemporaneous notes and witness evidence.
  • The respondent did not correct the claimant's understanding that he had been dismissed until 30 July 2021.
  • Two former CEOs had been exited in a similar manner, suggesting a pattern.

No compensation was awarded at this preliminary stage; the substantive unfair dismissal claim will proceed.

Lessons & takeaways

  • If you are dismissed verbally, note the date, time, and details immediately—contemporaneous notes can be crucial evidence.
  • Companies should clearly communicate dismissal decisions in writing and correct any misunderstandings promptly to avoid disputes over the effective date.
  • A pattern of similar treatment of other employees can be used to support your version of events.
  • The effective date of termination can be earlier than the formal written notice if a clear verbal dismissal has occurred.

The human story

This case highlights the confusion that can arise when a dismissal is communicated informally. The claimant, a founder and chief technology officer with nine years' service, was told he was dismissed with immediate effect during a Teams call. The company later tried to deny that this was the effective date, arguing that the dismissal only took effect weeks later. The tribunal had to decide which version of events was true.

What the company could have done differently

The respondent could have avoided this dispute by clearly documenting the dismissal decision and communicating it in writing. Instead, the chairman's account of the call was not believed, and the company's failure to correct the claimant's understanding for 25 days undermined its position. The tribunal also noted a pattern of similar treatment of other senior executives, which did not reflect well on the company.

Why this matters

This preliminary ruling is a reminder that the effective date of termination is a critical issue in unfair dismissal claims. It determines the claimant's continuity of service and the time limits for bringing a claim. Employers should ensure that dismissals are communicated clearly and consistently, and that any ambiguity is resolved promptly. For employees, the case shows the importance of keeping a record of what was said and when.

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