Employee who returned keys and said ‘I’m done’ was unfairly dismissed

The Employment Tribunal has ruled that a factory supervisor who handed over her keys and said she was “done” did not resign and was unfairly dismissed. 

Joanne Stronach Director and Head of Employment & HR reports on this recent case.

Natalie Cope worked as a factory supervisor for Razzle Dazzle Costumes (RDC). She had a good working relationship with the business owners Lorna Parker – now deceased – and her husband Ken Parker. 

In the summer of 2021, one of Cope’s colleagues accused her of being a bully after they fell out at work.

Mr Parker advised Cope to “remain professional” as they were both “assets” to the business, to which she agreed.

The next day, Cope was said to be in an “anxious state” and “upset” about the situation.

This was “intensified” by a leak to her stoma bag.

Cope had three days holiday and put her keys on the desk and said, “I’m done” with a hand gesture that indicated “she was finished”.

This action was perceived as a resignation by colleagues at the factory, who relayed that message to Mr Parker.

A meeting took place between Cope and the Parkers in September, during which Cope apologised for leaving and requested that she return.

Mr. Parker said that he and his wife believed she had resigned and to take her back would now “cause problems”.

Employment Judge Wedderspoon said that on the balance of probabilities RDC “took the opportunity to dispense” with Cope as her dispute with her colleague was a “troublesome situation”.

She was awarded £7,448 for loss of statutory rights, notice of pay and loss of earnings, alongside a basic award. 

If you would like more information about the issues raised in this article or any aspect of employment law please contact Joanne on 01228 516666 or click here to send her an email.