The effective date of termination is a statutory construct which depends on what has happened between the parties over time and not on what they may agree to treat as having happened. The EAT upheld the industrial tribunal’s view that, in ascertaining the starting date of a period of continuous employment under the 1978, only the statutory provisions were admissible.
Judge Peter Clark
[1996] UKEAT 867 – 95 – 1101
Bailii
Employment Protection (Consolidation) Act 1978
England and Wales
Cited by:
Cited – Fitzgerald v University of Kent at Canterbury CA 17-Feb-2004
The parties had been in negotiations, attempting to settle a proposed action for unfair dismissal. They agreed to fix the effective date of determination at a certain date, but this was after the date fixed by the statute. The action was begun . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 03 January 2022; Ref: scu.194277