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 were paid until that date. By a majority the Tribunal held that the effective date of termination was 4 November. The Respondent appealed, arguing that the effective date of dismissal for the purposes of section 97(1) of the Employment Rights Act 1996 crystallised at the date of summary dismissal.
Held – Appeal dismissed. The Tribunal was entitled to take into account what took place on appeal. Gisda Cyf v Barratt [2010] ICR 1475 and Fitzgerald v University of Kent at Canterbury [2004] ICR 737 considered and applied.
Judges:
David Richardson J
Citations:
[2012] UKEAT 0229 – 12 – 0106, [2012] ICR 1244
Links:
Jurisdiction:
England and Wales
Employment
Updated: 31 October 2022; Ref: scu.459942