Communication of a Dismissal

The EAT in Sandal –v- Adecco had to consider whether dismissal can be implied by inaction of an agency employer.  The employee was employed by the agency but worked on assignment at an alternative company.  When this assignment came to an end the agency took no further steps to find her other work.  They presumed she was not interested in agency work. The employee made no attempt to contact the agency but then brought a claim for unfair dismissal.  The EAT held as there was no communication of dismissal by the employer and no resignation by the employee there was no dismissal.  Therefore she was unable to bring an unfair dismissal claim.

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