EAT JURISDICTIONAL POINTS – Claim in time and effective date of termination
In this case on the 29 August 2008 the Appellant wrote what can only be described as a conditional resignation letter. His employer in reply pointed out that they could not action a conditional resignation and asked the Claimant to indicate whether he was or was not resigning. The Appellant emailed on 3 September making it clear he was resigning and saying his resignation was effective from the 29 August 2008. Fitzgerald v University of Kent [2004] EWCA Civ 143 makes it clear that the effective date of termination is a statutory construct. It depends on what passed between the parties and not what the parties wish or agree. As the resignation was on the 3 September 2008 the case was commenced within time.
Citations:
[2010] UKEAT 0084 – 10 – 0804
Links:
Employment
Updated: 19 August 2022; Ref: scu.416801