Homebase Ltd v. Westoby [2001] UKEAT 855_00_2003 (20 March 2001)

Homebase Ltd v. Westoby [2001] UKEAT 855_00_2003 (20 March 2001)

The effective date of termination is 23 October 1999, being the date Mr Westoby ceased working, not the later date when contractual notice period expired or benefits continued. The Employment Tribunal's reasoning was flawed and the application was submitted out of time.

Citation
[2001] UKEAT 855_00_2003
Parties
Appellant: Homebase; Respondent: Mr Westoby
Jurisdiction
United Kingdom
Judgment Date
20 March 2001
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
appeal allowed
Legal Topics
Effective Date of Termination, Statutory Time Limits, Payment in Lieu of Notice, Redundancy
Employment Law Effective Date of Termination Statutory Time Limits Payment in Lieu of Notice Redundancy

Case Brief

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Parties

Homebase

Appellant

Mr Westoby

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 What is the effective date of termination for Mr Westoby's employment?
  2. 2 Was the application to the Employment Tribunal submitted within the statutory time limit?

Ratio Decidendi

The effective date of termination is 23 October 1999, being the date Mr Westoby ceased working, not the later date when contractual notice period expired or benefits continued. The Employment Tribunal's reasoning was flawed and the application was submitted out of time.

Court Disposition

appeal allowed

Orders

  • case remitted to Employment Tribunal for further consideration on the basis that the effective date of termination was 23 October 1999