The effective date of termination (EDT) is the date when the employee’s continuous employment ends. This can be either the end of their notice period or, the date that the employee was summarily dismissed without notice. The employee has 3 months less a day from the effective date of termination, plus any period of […]
The three months (minus a day) time frame for bringing the majority of employment related claims starts running from the effective date of termination (“EDT”). Clearly establishing this date is therefore crucial. The EAT has considered another case where the EDT is uncertain due to ambiguous wording in a dismissal letter. In the case of […]
In this case, the Tribunal found the employee had not been dismissed depite the employer writing to the employee in these terms: “Although your old Contract comes to an end on 21 April you are immediately reengaged under the new Contract whenever you sign it.” The EAT disagreed. These words do amount to a dismissal, […]
Unfair dismissal claims have a 3 month time limit from the effective date of termination. What is the EDT? 1. In cases where there is a summary dismissal ie a dismissal without notice, or a dismissal without notice but with a payment in lieu it is the date that dismissal was communicated. 2.In cases where […]
Although the SDP has now been repealed, it is still not dead and burried. We will continue to see appeal cases for some time yet. The EAT has published one such case today, which holds that where an employee appeals outside of the time limit contained in the employer’s disciplinary procedure, that delay in appealing […]
