Roberts v Banham Patent Locks Ltd (Jurisdictional Points : Claim in time and effective date of termination) [2013] UKEAT 0465_12_2203 (22 March 2013)

Roberts v Banham Patent Locks Ltd (Jurisdictional Points : Claim in time and effective date of termination) [2013] UKEAT 0465_12_2203 (22 March 2013)

The letter of 1 October 2009 was a notice of termination by reason of retirement effective 9 May 2010; the claimant did not request to continue employment, so the effective date of termination was 9 May 2010. The claim was presented out of time and is therefore barred.

Citation
[2013] UKEAT 0465_12_2203
Parties
Claimant: Mr Roberts; Respondent: Banham Patent Locks Ltd
Jurisdiction
United Kingdom
Judgment Date
22 March 2013
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision on Time Barred Claim
Outcome
Appeal dismissed
Legal Topics
Effective Date of Termination, Limitation Periods, Retirement Dismissal, Unfair Dismissal
Employment Law Effective Date of Termination Limitation Periods Retirement Dismissal Unfair Dismissal

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 1
Sign in to unlock

Parties

Mr Roberts

Claimant

Banham Patent Locks Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision on Time Barred Claim

Legal Issues

  1. 1 Whether the claim was presented within the statutory limitation period
  2. 2 What was the effective date of termination of employment
  3. 3 Whether the dismissal was by resignation, frustration, or retirement

Ratio Decidendi

The letter of 1 October 2009 was a notice of termination by reason of retirement effective 9 May 2010; the claimant did not request to continue employment, so the effective date of termination was 9 May 2010. The claim was presented out of time and is therefore barred.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.