mchoice_aaldersEAT2011
EAT JURISDICTIONAL POINTS – Claim in time and effective date of termination
The employee was dismissed on notice expiring on 1 February 2011. On its expiry she would have had sufficient qualifying service to present a complaint of unfair dismissal. On 11 January 2011 during her period of notice she presented a complaint of unfair dismissal. On 21 January 2011 her employers purported to dismiss her summarily. By that date she did not have sufficient qualifying service to present a complaint of unfair dismissal. The issue was what the effective date of termination was. It was held (applying Stapp v The Shaftesbury Society [1982] IRLR 326 which was said not to be distinguishable) that, notwithstanding the literal words of section 111(4)(c) of the Employment Rights Act 1996, the effective date of termination was the date on which she had been summarily dismissed.
Judges:
Keith J
Citations:
[2011] UKEAT 0227 – 11 – 1008
Links:
Statutes:
Employment Rights Act 1996 111(4)(c)
Jurisdiction:
England and Wales
Citing:
Cited – Stapp v The Shaftesbury Society CA 1982
The employer had told the claimant: ‘I must ask you to relinquish your duties with effect from today 7 February 1981’ and thereby summarily dismissed him.
Held: The employer was clearly summarily dismissing with immediate effect in a wholly . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 17 September 2022; Ref: scu.442778