EAT Jurisdictional Points : Claim In Time and Effective Date of Termination – UNFAIR DISMISSAL – Constructive dismissal
PRACTICE AND PROCEDURE – Costs
Whether time for bringing a whistle-blowing complaint (short of dismissal) commences under section 48(3) when the employer’s decision is made or when the Claimant learns of it. Held; the former.
Mensah; Virdi (EAT); Garry; Warrior Square (CA) considered and followed. Havill and Aniagwu (EAT) not followed; Barratt (SC) on effective date of termination distinguished.
Constructive dismissal claim permissibly struck out and costs ordered.
The Claimant’s appeal is dismissed.
Peter Clark HHJ
[2014] UKEAT 0501 – 13 – 0412
Bailii
England and Wales
Employment
Updated: 24 December 2021; Ref: scu.539619