Hughes -v- Helm Trust Co Ltd [2012] JRC 168 (25 September 2012)

Hughes -v- Helm Trust Co Ltd [2012] JRC 168 (25 September 2012)

The effective date of termination for the purposes of qualifying for unfair dismissal under Article 73(1) of the Employment (Jersey) Law 2003 is determined by the actual notice given or, if less than the statutory minimum, by the statutory minimum notice period. Contractual notice periods longer than the statutory minimum do not extend the effective date of termination for these purposes. Therefore, the appellant was not continuously employed for the required 26 weeks and cannot claim unfair dismissal.

Citation
[2012] JRC 168
Parties
Appellant: Appellant (unnamed); Respondent: Helm
Jurisdiction
Jersey
Judgment Date
25 September 2012
Procedural Posture
Employment Tribunal Appeal / Leave to Appeal on a Point of Law and Substantive Appeal
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Continuous Employment, Effective Date of Termination, Notice Period, Wrongful Dismissal
Employment Law Unfair Dismissal Continuous Employment Effective Date of Termination Notice Period Wrongful Dismissal

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Parties

Appellant (unnamed)

Appellant

Helm

Respondent

Procedural Posture

Employment Tribunal Appeal / Leave to Appeal on a Point of Law and Substantive Appeal

Legal Issues

  1. 1 Whether the effective date of termination for the purposes of qualifying for unfair dismissal should be extended to include the contractual notice period, where a longer notice period was required by contract but not given.
  2. 2 Whether Article 63(2) of the Employment (Jersey) Law 2003 extends the effective date of termination to the end of the contractual notice period or only to the statutory minimum notice period.

Ratio Decidendi

The effective date of termination for the purposes of qualifying for unfair dismissal under Article 73(1) of the Employment (Jersey) Law 2003 is determined by the actual notice given or, if less than the statutory minimum, by the statutory minimum notice period. Contractual notice periods longer than the statutory minimum do not extend the effective date of termination for these purposes. Therefore, the appellant was not continuously employed for the required 26 weeks and cannot claim unfair dismissal.

Court Disposition

Appeal dismissed

Orders

  • No order for costs