Bowley Data Systems v Gill [2003] UKEAT 889_02_1706 (17 June 2003)

Bowley Data Systems v Gill [2003] UKEAT 889_02_1706 (17 June 2003)

The effective date of termination was 12 November 2001, not 31 December 2001, as the employer's letter of 1 October was ambiguous but construed as giving one month's notice from 12 October. Mr Gill's originating application placed in the communal letterbox on 30 January 2002 constituted valid presentation within the...

Source-derived case information.

Citation
[2003] UKEAT 889_02_1706
Parties
Appellant: Bowley Data Systems Ltd; Respondent: Mr Gill
Jurisdiction
United Kingdom
Judgment Date
17 June 2003
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
first appeal allowed in part, second appeal dismissed
Legal Topics
Unfair Dismissal, Breach of Contract, Statutory Time Limits, Presentation of Originating Application
Employment Law Unfair Dismissal Breach of Contract Statutory Time Limits Presentation of Originating Application

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Parties

Bowley Data Systems Ltd

Appellant

Mr Gill

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 What was the effective date of termination of Mr Gill's employment?
  2. 2 Was Mr Gill's originating application presented within the statutory time limit?
  3. 3 Does placing an application in a communal letterbox constitute valid presentation under tribunal rules?

Ratio Decidendi

The effective date of termination was 12 November 2001, not 31 December 2001, as the employer's letter of 1 October was ambiguous but construed as giving one month's notice from 12 October. Mr Gill's originating application placed in the communal letterbox on 30 January 2002 constituted valid presentation within the statutory time limit.

Court Disposition

first appeal allowed in part, second appeal dismissed

Orders

  • Substitute the Tribunal's decision with a finding that the effective date of termination was 12 November 2001.
  • Claim remitted to Tribunal for hearing on the merits.