Abbey v Associated Foreign Exchange Ltd & Anor [2009] UKEAT 1518_08_1303 (13 March 2009)

Abbey v Associated Foreign Exchange Ltd & Anor [2009] UKEAT 1518_08_1303 (13 March 2009)

The effective date of termination for statutory purposes is the date of oral communication of dismissal, regardless of contractual requirements for written notice; the claim was out of time as it was presented after the statutory deadline.

Citation
[2009] UKEAT 1518_08_1303
Parties
Appellant: Claimant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
13 March 2009
Procedural Posture
Employment Appeal / Appeal Against Employment Judge's Decision
Outcome
appeal dismissed
Legal Topics
Effective Date of Termination, Unfair Dismissal, Statutory Time Limits
Employment Law Effective Date of Termination Unfair Dismissal Statutory Time Limits

Case Brief

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Parties

Claimant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal Against Employment Judge's Decision

Legal Issues

  1. 1 What is the effective date of termination under section 97(1)(b) of the Employment Rights Act 1996?
  2. 2 Does oral communication of dismissal suffice where contract requires written notice?
  3. 3 Is the claim in time under section 111 of the Employment Rights Act 1996?

Ratio Decidendi

The effective date of termination for statutory purposes is the date of oral communication of dismissal, regardless of contractual requirements for written notice; the claim was out of time as it was presented after the statutory deadline.

Court Disposition

appeal dismissed

Orders

  • No further action will be taken on the Notice of Appeal.
  • Application dismissed.