Heaven v Whitbread Group Plc [2010] UKEAT 0084_10_0804 (8 April 2010)

Heaven v Whitbread Group Plc [2010] UKEAT 0084_10_0804 (8 April 2010)

The effective date of termination was 3 September 2008, when the resignation became unequivocal; the claim was brought within the statutory time limit, so the Tribunal has jurisdiction.

Citation
[2010] UKEAT 0084_10_0804
Parties
Appellant: Mr Heaven; Respondent: Whitbread Group plc
Jurisdiction
United Kingdom
Judgment Date
08 April 2010
Procedural Posture
Employment Appeal / Appeal From Tribunal Dismissal for Lack of Jurisdiction
Outcome
Appeal allowed
Legal Topics
Effective Date of Termination, Jurisdiction, Unfair Dismissal, Time Limits for Claims
Employment Law Effective Date of Termination Jurisdiction Unfair Dismissal Time Limits for Claims

Case Brief

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Parties

Mr Heaven

Appellant

Whitbread Group plc

Respondent

Procedural Posture

Employment Appeal / Appeal From Tribunal Dismissal for Lack of Jurisdiction

Legal Issues

  1. 1 What is the effective date of termination for the purposes of jurisdiction under the Employment Rights Act 1996?
  2. 2 Was the claim brought within the statutory time limit?

Ratio Decidendi

The effective date of termination was 3 September 2008, when the resignation became unequivocal; the claim was brought within the statutory time limit, so the Tribunal has jurisdiction.

Court Disposition

Appeal allowed

Orders

  • Tribunal has jurisdiction to hear the case as the claim was brought within time