The employee had been dismissed. Her contractual notice period was longer than the statutory period.
Held: The statutory notice period prevailed in calculating the date of dismissal. The contractual period could not be used to extend the total period of employment to allow a claim for loss of the right to claim unfair dismissal. Had Parliament desired the result contended it would have made provision accordingly. The right not to be unfairly dismissed is a statutory creation.
Judges:
Lord Justice Brooke Lord Justice Chadwick Baker, Lord Justice Scott Baker
Citations:
[2004] EWCA Civ 271, Times 16-Mar-2004, Gazette 08-Apr-2004
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Johnson v Unisys Ltd HL 23-Mar-2001
The claimant contended for a common law remedy covering the same ground as the statutory right available to him under the Employment Rights Act 1996 through the Employment Tribunal system.
Held: The statutory system for compensation for unfair . .
Cited – Brindle v Smith CA 1972
A question arose as to the position of an employee wrongfully dismissed just before the end of his first 104 weeks of service where he would have qualified to have a right not to be unfairly dismissed if he had been given proper notice.
Held: . .
Cited – Dedman v British Building and Engineering Appliances CA 1973
The claimant sought to bring his claim under a provision which required a complaint to the industrial tribunal to be made within four weeks of the dismissal unless the employment tribunal was satisfied that this was not ‘practicable’. He did not . .
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 . .
Cited – Robert Court and Son Ltd v Charman EAT 1981
The EAT considered the effect of the statutory period of notice: ‘As a result, in our view Mr Charman has no right to complain to the Industrial Tribunal of unfair dismissal. Even if, as one must, one treats the effective date of termination as . .
Appeal from – Virgin Net Limited v Sally Harper EAT 15-May-2003
EAT Unfair Dismissal – Reason for dismissal . .
Cited by:
Appealed to – Virgin Net Limited v Sally Harper EAT 15-May-2003
EAT Unfair Dismissal – Reason for dismissal . .
Lists of cited by and citing cases may be incomplete.
Employment, Damages
Updated: 10 June 2022; Ref: scu.194414