Jan de Rijk Transport summoned its UK operations manager to Holland because of the high level of spending on agency drivers. The London-based manager, Mr C Sandhu, was told he was being dismissed for misconduct because the firm felt the arrangements with agency drivers had been abused; but he spent most of the meeting sorting out financially beneficial terms for leaving the company.
The EAT upheld the decision of a Reading tribunal to dismiss Sandhu's claim for unfair dismissal. An enforced resignation had become a voluntary one, it said. But the EAT said the test was Sandhu's willingness to resign on the terms offered.