Impact Recruitment Services Ltd v Korpysa [2025]
Decision Number: EAT 22 Legal Body: Employment Appeal Tribunal (England & Wales)
Published on: 06/03/2025
Issues Covered:
Article Authors The main content of this article was provided by the following authors.
Jason Elliott BL Barrister & Associate Head of School of Law, Ulster University
Jason Elliott BL Barrister & Associate Head of School of Law, Ulster University
Jason elliott new
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Jason Elliott was called to the Bar of Northern Ireland in 2013 and is the Associate Head of School of Law at Ulster University.  As a practising barrister, he has developed a largely civil practice representing individuals, companies and public bodies in litigation. This covers a wide range of areas including personal injuries, wills and employment law. In terms of employment law, he has represented both applicants and respondents in the Industrial Tribunal.   At Ulster University, Jason lectures extensively on the civil areas of practise such as Equity and Trusts and delivers employment law lectures for both undergraduate and postgraduate students.

Summary

EAT remitted a case relating to dismissal/resignation confusion noting that it could be some other substantial reason as a fair reason where the employer genuinely believes that the employee has resigned.

Background

The claimant was placed with Howdens, by the respondent, as a warehouse operative. The majority of the agency staff were told that Howdens would be shutting down as a result of the pandemic and lockdown in March 2020. The claimant was ‘laid off’ by Howdens.

The key communication was a telephone call between the claimant and the on-site account manager for the respondent. They both spoke in Polish on the call so there was no issue of a misunderstanding due to language problems. The respondent’s evidence was

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 06/03/2025