George v. Luton Borough Council [2003] UKEAT 0311_03_1609 (16 September 2003)

George v. Luton Borough Council [2003] UKEAT 0311_03_1609 (16 September 2003)

The effective date of termination was the date the resignation letter was received and opened by the Council, making the claim out of time; communication to the organisation, not a specific individual, suffices for notice.

Citation
[2003] UKEAT 0311_03_1609
Parties
Appellant: Ms George; Respondent: Luton Borough Council
Jurisdiction
United Kingdom
Judgment Date
16 September 2003
Procedural Posture
Employment Appeal / Appeal From Preliminary Decision of Employment Tribunal
Outcome
appeal dismissed
Legal Topics
Constructive Dismissal, Unfair Dismissal, Time Limits for Claims, Effective Date of Termination
Employment Law Constructive Dismissal Unfair Dismissal Time Limits for Claims Effective Date of Termination

Case Brief

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Parties

Ms George

Appellant

Luton Borough Council

Respondent

Procedural Posture

Employment Appeal / Appeal From Preliminary Decision of Employment Tribunal

Legal Issues

  1. 1 Whether the applicant's claim for unfair dismissal was presented within the statutory time limit
  2. 2 Whether the resignation letter constituted effective communication of termination
  3. 3 Whether the effective date of termination was the date of receipt/opening of the resignation letter

Ratio Decidendi

The effective date of termination was the date the resignation letter was received and opened by the Council, making the claim out of time; communication to the organisation, not a specific individual, suffices for notice.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; no extension of time granted; application for unfair dismissal remains dismissed as out of time.