Shop assistant who swore at boss and walked out resigned, tribunal finds
A part-time shop assistant who told a partner to 'fuck off' and left work early was not dismissed but resigned, the Cambridge Employment Tribunal has ruled.
1 min read · Last updated 18 May 2026
Case details
- #small-business
- #door-ventilation-dispute
- #swearing-at-manager
- #walking-out
- #written-warning
- #resignation
Key facts
- The claimant was employed as a part-time shop assistant from 1 September 2017 to 9 December 2021.
- On 27 November 2021, the claimant closed the shop door due to cold, leading to a disagreement with a partner.
- On 30 November 2021, the claimant swore at a partner and left work after 15 minutes.
- On 8 December 2021, the respondent emailed the claimant suggesting she resign.
- On 9 December 2021, the claimant collected her belongings, handed back her key, and left.
- The tribunal found the claimant resigned and was not dismissed.
Timeline
-
Employment started
Claimant began working as a part-time shop assistant for G David Bookseller.
-
Door dispute
Claimant closed the shop door due to cold; partner questioned her; she left work early.
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Swearing incident
Claimant told partner Mr Adams to 'fuck off' and left work after 15 minutes.
-
Soothing chat
Claimant had a calming conversation with partner Mr Collings.
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Further dispute
Claimant told partner Mr Asplin he didn't care about the shop and it would close.
-
Written warning
Claimant received a written warning about her behaviour from Mr Adams.
-
Email suggesting resignation
Mr Adams emailed claimant suggesting it was in her best interest to resign.
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Employment ended
Claimant attended work, collected belongings, handed back key, and left. Tribunal found she resigned.
-
Termination letter
Respondent sent letter stating contract terminated as of 9 December 2021.
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Appeal request
Claimant emailed requesting to appeal the termination; no reply from respondent.
The legal issue
The tribunal had to decide whether the claimant was dismissed or resigned, and if dismissed, whether the dismissal was fair.
The outcome
The tribunal decided that the claimant was not dismissed but resigned. The key reason was that on 9 December 2021, the claimant attended work, collected her belongings, handed back her key, and left. The tribunal found this constituted a resignation, not a dismissal. As there was no dismissal, the claim for unfair dismissal could not succeed.
- No compensation awarded as the claim was dismissed.
Lessons & takeaways
- If you walk out and hand back your key, a tribunal may find you resigned, even if you later claim you were dismissed.
- Small employers may not follow formal disciplinary procedures, but that alone does not make a dismissal unfair if you resigned.
- Keep a clear record of communications: an email suggesting resignation is not the same as a dismissal.
- If you want to challenge a warning or treatment, use the employer's grievance procedure rather than walking out.
This case shows how a series of heated exchanges in a small workplace can lead to an employee leaving in a way that a tribunal later decides was a resignation, not a dismissal. The shop assistant had worked without incident for over four years until a dispute about keeping the door closed on a cold day escalated into swearing, walking out, and eventually handing back her key.
What the employer could have done differently
The respondent, a small Cambridge bookshop, issued a written warning without any prior hearing or process. That was poor practice. However, because the tribunal found the employee resigned, the fairness of that warning never became the central issue. If the employer had wanted to dismiss, it would have needed to follow a proper procedure, especially given the employee's length of service.
Why the result matters
The case is a reminder that the way employment ends can be as important as the reason. Collecting belongings and returning a key is a classic act of resignation. Employees who feel pushed out should consider whether they are truly being dismissed or are making a choice to leave. A tribunal will look at the objective facts, not just what either party later says.
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