Little v Richmond Pharmacology Ltd (Jurisdictional Points : Claim in time and effective date of termination) [2011] UKEAT 0262_11_2110 (21 October 2011)

Little v Richmond Pharmacology Ltd (Jurisdictional Points : Claim in time and effective date of termination) [2011] UKEAT 0262_11_2110 (21 October 2011)

The effective date of termination was 19 July 2010, the date of the claimant's unequivocal resignation with immediate effect. There was no mutual agreement to alter this date. It was reasonably practicable for the claimant to present her claim in time, notwithstanding advice from Tribunal Action and personal circumstances. The claim for unfair dismissal was therefore out of time and could not proceed.

Citation
[2011] UKEAT 0262_11_2110
Parties
Appellant/claimant: Carolyn Little; Respondent/employer: Richmond Pharmacology Ltd
Jurisdiction
United Kingdom
Judgment Date
21 October 2011
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal dismissed as to unfair dismissal claim; sex discrimination claim proceeds.
Legal Topics
Unfair Dismissal, Sex Discrimination, Constructive Dismissal, Jurisdiction—time Limits, Effective Date of Termination
Employment Law Unfair Dismissal Sex Discrimination Constructive Dismissal Jurisdiction—time Limits Effective Date of Termination

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Parties

Carolyn Little

Appellant/claimant

Richmond Pharmacology Ltd

Respondent/employer

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 What is the effective date of termination for the purposes of limitation in a constructive dismissal claim?
  2. 2 Was it reasonably practicable for the claimant to present her unfair dismissal claim in time?

Ratio Decidendi

The effective date of termination was 19 July 2010, the date of the claimant's unequivocal resignation with immediate effect. There was no mutual agreement to alter this date. It was reasonably practicable for the claimant to present her claim in time, notwithstanding advice from Tribunal Action and personal circumstances. The claim for unfair dismissal was therefore out of time and could not proceed.

Court Disposition

Appeal dismissed as to unfair dismissal claim; sex discrimination claim proceeds.

Orders

  • Judgment to be sent to the Claims Management Regulator.
  • Sex discrimination claim to proceed to trial.