Lambert v Croydon College [1998] UKEAT 1247_96_1911 (19 November 1998)

Lambert v Croydon College [1998] UKEAT 1247_96_1911 (19 November 1998)

The effective date of termination was 31 December 1995 as agreed by the parties; the compromise agreement did not comply with section 203(3)(e) but the unfair dismissal claim was out of time and it was reasonably practicable to present the claim within the limitation period; the breach of contract claim was not justiciable as it arose after termination.

Citation
[1998] UKEAT 1247_96_1911
Parties
Appellant/applicant: Mr Lambert; Respondent/employer: Croydon College
Jurisdiction
United Kingdom
Judgment Date
19 November 1998
Procedural Posture
Employment Appeal / Appeal and Cross Appeal From Employment Tribunal Preliminary Decision
Outcome
Appeal dismissed; cross-appeal (in part) abandoned; Tribunal decision upheld.
Legal Topics
Unfair Dismissal, Breach of Contract, Compromise Agreement, Limitation Periods
Employment Law Unfair Dismissal Breach of Contract Compromise Agreement Limitation Periods

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Mr Lambert

Appellant/applicant

Croydon College

Respondent/employer

Procedural Posture

Employment Appeal / Appeal and Cross Appeal From Employment Tribunal Preliminary Decision

Legal Issues

  1. 1 Whether the compromise agreement complied with section 203 of the Employment Rights Act 1996 and barred the unfair dismissal claim
  2. 2 Whether the effective date of termination was 31 December 1995 or 7 March 1996
  3. 3 Whether the unfair dismissal claim was presented within the statutory time limit

Ratio Decidendi

The effective date of termination was 31 December 1995 as agreed by the parties; the compromise agreement did not comply with section 203(3)(e) but the unfair dismissal claim was out of time and it was reasonably practicable to present the claim within the limitation period; the breach of contract claim was not justiciable as it arose after termination.

Court Disposition

Appeal dismissed; cross-appeal (in part) abandoned; Tribunal decision upheld.