Hawes & Curtis Ltd v Arfan & Anor (2012) UKEAT 0229_12_0106
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Published on: 08/06/2012
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Background
This case turned on whether an employer, through the appeal process may recommend a change to the effective date of termination retrospectively, which in turn may impact on whether an ET1 application is completed in time. The Respondent (Hawes & Curtis) argued that the effective date of dismissal for the purposes of section 97(1) of the Employment Rights Act 1996, crystallised at the date of summary dismissal.103The claimants were summarily dismissed on 10th October 2010 however following an appeal the company wrote to them upholding the dismissal decision but altering the termination date to 4th November. Both men were paid via PAYE to this date.The EAT summarised that generally speaking, in the case of a summary dismissal the effective date of termination will be the date when the summary dismissal is communicated to the employee or the employee has a reasonable opportunity of finding out. The lodging and dismissal of an internal appeal therefore does not usually impact upon the date on which termination takes effect. There are, however, exceptional cases where the employment contract provides, or the parties agree, that the contract shall be kept alive during the appeal process. Those cases are the exception rather than the rule – but in them the effective date of termination will relate to the disposal of the appeal, as applied in this case. The appeal was therefore dismissed.http://bit.ly/LEhFo0
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This article is correct at 08/06/2012
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