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 reasonably to have known that her employment had been terminated; it was not possible for the EJ to fix the effective date of termination at a later date on the basis of the Claimant’s subjective belief that her employment continued especially where there were unresolved conflicts of testimony as to the basis upon which the Claimant held that belief. The EAT further held that the letter that was relied on by the Claimant as constituting a claim for payment of redundancy money could not reasonably bear the meaning attributed to it and that properly understood it was a letter of enquiry written on her behalf by her MP as opposed to a claim for payment under s. 164 of the Employment Rights Act 1996.
Citations:
[2020] UKEAT 0312 – 19 – 2905
Links:
Jurisdiction:
England and Wales
Employment
Updated: 20 December 2022; Ref: scu.661647
