Avuru v Favernmead Ltd & Anor (Redundancy and Jurisdictional : Time Points) [2020] UKEAT 0312_19_2905 (29 May 2020)

Avuru v Favernmead Ltd & Anor (Redundancy and Jurisdictional : Time Points) [2020] UKEAT 0312_19_2905 (29 May 2020)

The effective date of termination was 28 April 2017, determined by objective factors (death of the person cared for, cessation of wages, no alternative employment offered), not the Claimant's subjective belief. The letter of 26 March 2018 was not a valid claim for redundancy payment as it was a request for...

Source-derived case information.

Citation
[2020] UKEAT 0312_19_2905
Parties
Appellant/claimant: Ms Avuru; Respondent: Respondents (including Second Respondent, Mr Easton)
Jurisdiction
United Kingdom
Judgment Date
29 May 2020
Procedural Posture
Employment Appeal Tribunal (eat) Appeal and Cross Appeal / Judgment on Appeal and Cross Appeal
Outcome
Appeal refused, cross-appeal allowed, Employment Tribunal's decision upheld, claims dismissed for lack of jurisdiction.
Legal Topics
Redundancy, Unfair Dismissal, Jurisdiction, Time Limits, Effective Date of Termination
Employment Law Redundancy Unfair Dismissal Jurisdiction Time Limits Effective Date of Termination

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Parties

Ms Avuru

Appellant/claimant

Respondents (including Second Respondent, Mr Easton)

Respondent

Procedural Posture

Employment Appeal Tribunal (eat) Appeal and Cross Appeal / Judgment on Appeal and Cross Appeal

Legal Issues

  1. 1 What was the effective date of termination of the Claimant's employment?
  2. 2 Did the Claimant make a valid claim for redundancy payment within the statutory time limits?

Ratio Decidendi

The effective date of termination was 28 April 2017, determined by objective factors (death of the person cared for, cessation of wages, no alternative employment offered), not the Claimant's subjective belief. The letter of 26 March 2018 was not a valid claim for redundancy payment as it was a request for information, not a claim. The claims were out of time and the tribunal had no jurisdiction.

Court Disposition

Appeal refused, cross-appeal allowed, Employment Tribunal's decision upheld, claims dismissed for lack of jurisdiction.

Orders

  • Effective date of termination is 28 April 2017 under Employment Rights Act 1996 s.97(1) and s.145(2).
  • No jurisdiction to entertain the claims; claims dismissed.