Am I dismissed or not ?

In cases where it is questionable whether an employee was actually dismissed or not, which is actually quite frequent:-

The burden of proof is primarily on the claimant to prove the fact of the dismissal and if that burden is discharged, the burden of proof then shifts to the respondent to show the dismissal was carried out fairly.

If the Court accepts that an employee was dismissed but the employer says 'No dismissal took place', then the Court will find the dismissal legally 'unfair'.

This is provided of course, the claimant meets other criteria normally required to claim 'unfair dismissal', such as having one years service.

The Labour Court held that where a dismissal is not intended, it is up to the employer to '...take immediate and comprehensive steps to assure the Complainant otherwise' (Parkboro versus Mariusz).

EAT:- Confronted by conflicting evidence the EAT concluded that it was reasonable for the employee who was allegedy told to 'leave now' to believe he had been dismissed.

References:

Parkboro Developments Ltd., T/A Park Engineering v. Mariusz Witowski (UDD2338)

Mansour v. Romanza Limited (UD360/2004)