Wedgewood v Minstergate Hull Ltd [2010] UKEAT 0137_10_1307 (13 July 2010)

Wedgewood v Minstergate Hull Ltd [2010] UKEAT 0137_10_1307 (13 July 2010)

The effective date of termination was not altered by releasing the employee from working during the notice period, as the parties did not expressly agree to change the date; therefore, the claim was submitted within the statutory time limit.

Citation
[2010] UKEAT 0137_10_1307
Parties
Appellant: Roger Wedgewood; Respondent: Minstergate Hull Ltd
Jurisdiction
United Kingdom
Judgment Date
13 July 2010
Procedural Posture
Employment Appeal / Appeal
Outcome
appeal allowed
Legal Topics
Effective Date of Termination, Redundancy, Unfair Dismissal, Notice Period
Employment Law Effective Date of Termination Redundancy Unfair Dismissal Notice Period

Case Brief

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Parties

Roger Wedgewood

Appellant

Minstergate Hull Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal

Legal Issues

  1. 1 Whether the effective date of termination of employment is altered when an employee is released from working during the notice period but paid up to the original expiry date
  2. 2 Whether the claim was submitted within the statutory time limit

Ratio Decidendi

The effective date of termination was not altered by releasing the employee from working during the notice period, as the parties did not expressly agree to change the date; therefore, the claim was submitted within the statutory time limit.

Court Disposition

appeal allowed

Orders

  • The appeal is allowed.
  • The claim was brought in time and the Tribunal has jurisdiction to consider the claim.