Resignation email quarantined: dismissal for gross misconduct despite prior resignation

When a resignation email goes astray

This case shows how a simple IT glitch can have serious consequences. The claimant, a traffic order engineer with 11 years' service, sent a resignation email at 9.21am on the day of her disciplinary hearing. But the council's email system quarantined it, and it was not released until the next day. The disciplinary hearing went ahead in her absence, and she was dismissed for gross misconduct.

The claimant argued that the dismissal was an act of victimisation because she had previously made protected acts about race and sex discrimination. She also claimed that the dismissal itself amounted to harassment related to race and sex.

Why the claims failed

The tribunal struck out the discrimination claims because the claimant had not attended the earlier preliminary hearing and her written case was too confused to show any reasonable prospect of success. On the victimisation claim, the key problem was timing: the IT evidence proved that the resignation email was not seen by anyone before the dismissal decision was made. The decision-makers did not know she had resigned, so there was no causal link between any protected act and the dismissal. The claim was also presented well after the three-month time limit.

What this means for similar cases

This case is a reminder that employers should check their IT systems for any communications from an employee before proceeding with a hearing in their absence. For employees, it highlights the importance of ensuring that a resignation is actually received – a follow-up phone call or a hard copy letter can avoid ambiguity. The case also confirms that tribunals will apply strict time limits and require a clear causal link in victimisation claims, even where the facts are sympathetic.