Resignation by text message: tribunal decides effective date of termination
A former employee who resigned by text messages but continued working sporadically had his unfair dismissal claim struck out as out of time. The tribunal found his employment ended on 31 December 2018, not March 2019 as he argued.
2 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #resignation
- #text-messages
- #family-relationship
- #out-of-time
Key facts
- The claimant resigned via text messages on 16 October 2018.
- The claimant continued working sporadically until 24 December 2018.
- The claimant did not work for the respondent after 24 December 2018.
- The effective date of termination was found to be 31 December 2018.
- The claimant presented his claim on 31 May 2019, which was out of time for unfair dismissal and unlawful deductions.
Timeline
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Claimant sends resignation texts
The claimant sent text messages to Mr Slutzkin stating 'I am leaving' and 'I am done here'.
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Claimant confirms leaving by November
The claimant emailed the company administrator, copying Mr Slutzkin, stating he would have left the company by 22 November 2018.
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Agreement to extend working
The claimant agreed to continue working on a casual basis, paid only for days attended, while discussions about consultancy continued.
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Last day of work
The claimant worked his last day; Mr Slutzkin instructed him to turn off CCTV and return a company vehicle.
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Claimant asks about final salary
The claimant emailed asking about his 'final salary payment' of £8,177.35.
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Claimant attends office for reports
The claimant attended the office to generate reports for ongoing discussions, not to work.
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Early conciliation started
The claimant notified ACAS of potential claims.
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Claim presented to tribunal
The claimant presented his claim form to the employment tribunal.
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Preliminary hearing
The tribunal heard evidence and submissions on whether the claims were in time.
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Judgment issued
Employment Judge Tynan struck out the unfair dismissal and unlawful deduction claims as out of time; redundancy claim remained but was questioned.
The legal issue
The tribunal had to determine the effective date of termination of the claimant's employment to decide whether his claims for unfair dismissal and unlawful deductions were presented within the statutory time limits.
The outcome
The tribunal struck out the claims for unfair dismissal and unlawful deductions as out of time. The key reason was that the claimant's employment ended on 31 December 2018, not on 22 March 2019 as he argued. The claim was presented on 31 May 2019, which was beyond the three-month time limit for unfair dismissal (which would have required termination on or after 5 January 2019) and beyond the three-month limit for unlawful deductions from the last payment.
- Unfair dismissal claim: struck out as out of time.
- Unlawful deductions claim: struck out as out of time.
- Redundancy claim: remained but was questioned as likely also out of time.
- No compensation awarded as claims were struck out.
Lessons & takeaways
- If you resign by text or email, the effective date of termination is likely to be the date you communicate your resignation, not a later date you stop working.
- Continuing to work after resigning on a casual basis does not necessarily extend your employment; the tribunal will look at the overall circumstances to decide when the employment ended.
- Employment tribunal claims have strict time limits: unfair dismissal must be brought within three months of the effective date of termination, and unlawful deductions within three months of the last deduction.
- Keep clear records of your resignation and any subsequent agreements about working arrangements to avoid disputes over the termination date.
A resignation by text message leads to a time limit dispute
This case shows how important it is to get the effective date of termination right when bringing an employment tribunal claim. The claimant, a former employee who was also a cousin of the managing director, sent text messages on 16 October 2018 saying 'I am leaving' and 'I am done here'. He then continued working sporadically until 24 December 2018, but the tribunal found that his employment ended on 31 December 2018, not on 22 March 2019 as he argued.
The tribunal applied an objective test: how would a reasonable employer or employee have understood the words and actions? The text messages were clear resignations, and subsequent events - including the claimant asking about his 'final salary payment' on 26 December 2018 - confirmed that the employment had ended. The fact that the claimant did some work after resigning was treated as casual work, not a continuation of the original employment.
What the employer did right
The respondent, Netbit (UK) Limited, was able to show that the claimant had clearly resigned and that the employment had ended before January 2019. The managing director's evidence, though not tested by cross-examination, was supported by the text messages and emails. The tribunal noted the informal nature of the relationship, but still found that the resignation was effective.
Why this matters for similar claims
This case is a reminder that employment tribunal claims must be brought within strict time limits. For unfair dismissal, the claim must be presented within three months of the effective date of termination. For unlawful deductions, it's three months from the date of the last deduction. If you are unsure about your termination date, seek legal advice early. The claimant here presented his claim on 31 May 2019, but the tribunal found his employment ended on 31 December 2018 - making the claim over three months late for unfair dismissal and even later for unlawful deductions.
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