Francis v Pertemps Recruitment Partnership Ltd [2013] UKEAT 0003/13/BI

An employee of an agency was set to work for a client, the name of which was contained in the employee’s contract of employment. The client no longer needed the services of the employee, who was then offered either two weeks notice plus redundancy pay, or two weeks notice and a contract of work for a different client whom the agency would seek out. He chose the two weeks plus redundancy pay.

The Tribunal found that this amounted to termination of employment by consent of the employee and so a claim for Unfair Dismissal could not be upheld. It emerged that the question to be asked was whether the employment contract had been brought to an end, and not whether the employment relationship had