Where an employee hands in a letter of resignation on 21 November and the letter is dated 22 November and states that resignation is with immediate effect. The employer accepts the resignation and confirms her last day of employment as 22 November.
Is the EDT the 21 November or 22 November. Both the ET and the EAT agreed that the EDT was 22 November in the case of Vasella Limited and Eyre. That interpretation seems to accord with common sense. Had they found the EDT to be 21 November the claim would have been 1 day out of time.