EAT Jurisdictional Points : Claim In Time and Effective Date of Termination – The Claimant was summarily dismissed for gross misconduct. His last day of service was 24 August. His internal appeal was heard on 9 January. The internal appeal reduced the finding from gross misconduct to misconduct. Since the Claimant was already subject to a final written warning he was still dismissed but he was told that he would receive – and did receive – pay in lieu of notice. It was argued that the decision on the internal appeal changed the effective date of termination for the purposes of calculating the time limit applicable to a claim of unfair dismissal. The Employment Judge found that it did not.
Held: appeal dismissed. The decision on internal appeal did nothing to alter the effective date of termination. Gisda Cyf v Barratt [2010] ICR 1475, Robert Cort and Son Ltd v Charman [1981] ICR 816 and Fitzgerald v University of Kent at Canterbury [2004] ICR 737 considered and applied. Hawes and Curtis Ltd v Arfan [2012] ICR 1244 distinguished: in that case the decision on appeal expressly altered the date at which dismissal took effect.
David Richardson HHJ
[2014] UKEAT 0029 – 14 – 2409
Bailii
England and Wales
Employment
Updated: 21 December 2021; Ref: scu.537103