The employer wrote to the employee on 29 November 2006 informing her of her dismissal, the letter arrived on the 30th, and she read it on the 4th of December. The employer appealed against a finding that the effective date of dismissal was the date on which she read the letter. Held: The appeal failed. … Continue reading Gisda Cyf v Barratt: CA 2 Jul 2009
The parties disputed the effective date of termination of the claimant’s employment. Was it the date on which the letter notifying her was sent, or was it on the day she received it. She had been dimissed without notice, and the date was the date on which it took effect. The court was asked whether … Continue reading Gisda Cyf v Barratt: SC 13 Oct 2010
Redundancy and Jurisdictional/Time Points In this appeal the EAT considered that where the EJ had made findings that indicated that the Claimant’s effective date of termination (Employment Rights Act 1996 section 97(1)(b) and 145(2)) could be established by reference to objective factors and that the EJ had held that by that date the Claimant ought … Continue reading Avuru v Favernmead Ltd and Another (Redundancy and Jurisdictional : Time Points): EAT 29 May 2020
EAT JURISDICTIONAL POINTS – Claim in time and effective date of termination The Claimants were summarily dismissed with immediate effect on 5 October 2010. They appealed; and while their appeals were otherwise unsuccessful they were told that the date of termination of their employment would be the date of the appeal (4 November); and they … Continue reading Hawes and Curtis Ltd v Arfan and Another: EAT 1 Jun 2012
The tribunal must first decide if a renewal of a fixed term contract was an extension or a re-engagement before deciding if unfair dismissal was possible: ‘We accept the submission that a contract for a fixed term may be extended as to its term, leaving the same contract in place. We accept too, that when … Continue reading Bhatt v Chelsea and Westminster Health Care Trust and Another: EAT 9 Sep 1997
EAT Employees of an unincorporated charitable association are employed by the management committee or other similar body within the association, and not by the members of the association at large. The employees have continuity of employment despite any change in the constitution of the committee. In practice such actions should be brought against a representative … Continue reading Affleck and Others v Newcastle Mind and Others: EAT 10 Mar 1999
