EAT JURISDICTIONAL POINTS – Claim in time and effective date of termination
Claimant given notice of dismissal subject to a right of appeal and on the basis that the employment would not terminate if she lodged an appeal by a prescribed deadline, which she was treated as having done – Claimant presents claim in advance of eventual dismissal – Employer objects that claim is premature – Objection dismissed by Judge on basis that Claimant had been dismissed on notice within the meaning of section 111 (3) of Employment Rights Act 1996.
Held, dismissing appeal that a dismissal conditional on the exercise and, if exercised, the outcome of a right of appeal is a dismissal on notice within the meaning of section 111 (3) – Morton Sundour Fabrics Ltd v Shaw [1967] ITR 84 and Rai v Somerfield Stores Ltd (EAT/0557/02) distinguished.
Judges:
Underhill P J
Citations:
[2011] UKEAT 0199 – 11 – 1207
Links:
Statutes:
Employment Rights Act 1996 111(3)
Jurisdiction:
England and Wales
Citing:
Distinguished – Rai v Somerfield Stores EAT 12-May-2003
EAT Time Limits – Effective date of termination. . .
Distinguished – Morton Sundour Fabrics v Shaw QBD 1966
The court considered whether the employee had been given a notice falling within the Act so as to give rise to a redundancy.
Held: Widgery J said: ‘there are certain formalities about the type of notice necessary to determine a contract of . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 19 September 2022; Ref: scu.443570
