HGV driver's resignation after vehicle fault dispute was not dismissal
An HGV driver with 11 years' service resigned after a heated exchange about a recurring vehicle fault. The tribunal ruled he was not dismissed, rejecting his unfair dismissal claim.
2 min read · Last updated 18 May 2026
Case details
- #hgv-driver
- #vehicle-fault
- #health-and-safety
- #resignation
- #heat-of-the-moment
- #p45
Key facts
- The claimant was employed as an HGV driver from 1 July 2011 until 28 September 2022.
- On 28 September 2022, the claimant reported a recurring cab tilt sensor fault on his vehicle.
- The claimant had a heated telephone conversation with director Richard Lomas, who said 'come back and empty your cab'.
- The claimant returned to the depot, emptied his cab, and demanded his P45 from another director.
- The claimant did not return to work after 28 September and did not attempt to retract his resignation.
- The tribunal found that the claimant was not dismissed but resigned voluntarily.
Timeline
-
Employment commenced
The claimant started work as an HGV driver for Lomas Distribution Ltd.
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First vehicle fault reported
The claimant reported a cab tilt sensor fault on his vehicle and left it at the workshop for repair.
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Fault recurred
The fault reappeared after initial repair; the claimant again left the vehicle at the workshop.
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Final incident and resignation
The fault recurred again. After a heated call with director Richard Lomas, the claimant returned to the depot, emptied his cab, and demanded his P45 from Lynn Lomas.
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P45 issued and final pay
The respondent issued the claimant's P45 and paid his final wages including holiday pay.
The legal issue
The tribunal had to decide whether the driver was dismissed by his employer or resigned voluntarily, and whether his resignation fell within the 'heat of the moment' exception that would allow him to retract it.
The outcome
The tribunal dismissed both the unfair dismissal and wrongful dismissal claims.
- The claimant was not dismissed; he resigned voluntarily.
- His resignation was not made in the heat of the moment because he had time to reflect—he returned to the depot, emptied his cab, and demanded his P45.
- He did not attempt to retract his resignation or return to work.
No compensation was awarded as the claims failed.
Lessons & takeaways
- If you resign in the heat of the moment, you may have a short window to retract—acting quickly and clearly can preserve your employment rights.
- Demanding your P45 and clearing your desk signals a final decision; tribunals will treat this as a voluntary resignation.
- Employers should give employees a cooling-off period before accepting a resignation made during a heated dispute.
- Keep a record of any attempts to retract a resignation—this can be crucial evidence if you later claim unfair dismissal.
When a heated exchange leads to resignation
This case shows how quickly a workplace dispute can escalate into a resignation that is difficult to undo. The claimant, an HGV driver with 11 years' service, had reported a recurring fault on his vehicle. After a heated telephone call with a director who told him to 'come back and empty your cab', the driver returned to the depot, cleared out his belongings, and demanded his P45 from another director. He did not return to work and later claimed he was dismissed.
What the tribunal decided
The tribunal found that the driver was not dismissed. His actions—emptying his cab and demanding his P45—were clear indicators of a voluntary resignation. The 'heat of the moment' exception did not apply because he had time to reflect during the drive back to the depot and after speaking with the director. He also made no attempt to retract his resignation or return to work. The tribunal noted that the employer's director had said 'he doesn't mean it' and suggested a call, but the driver did not follow up.
What could have been done differently
The driver might have avoided this outcome by taking a step back after the heated call—asking for time to think, or later confirming in writing that he did not intend to resign. For employers, the case is a reminder to treat a resignation made in anger with caution. A cooling-off period or a follow-up conversation could have clarified the driver's intentions and possibly saved the employment relationship.
Why this matters for similar claims
This case highlights the importance of clear communication and the difficulty of proving a dismissal when the employee's own words and actions point to a resignation. Tribunals will look at the whole picture—especially whether the employee had time to reflect and whether they tried to retract. For employees, the lesson is clear: if you resign in anger, act fast to retract, or you may lose your right to claim unfair dismissal.
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