Redundancy dismissal date dispute: when a letter contradicts the employer's later position
A Senior Operations Manager's unfair dismissal claim survived a time limit challenge after the tribunal ruled the effective date of termination was the one stated in the dismissal letter, not an earlier date claimed by the employer.
1 min read · Last updated 18 May 2026
Case details
- #redundancy
- #effective-date-of-termination
- #notice-period
- #payment-in-lieu-of-notice
- #mental-health
Key facts
- The claimant was employed as a Senior Operations Manager from 13 February 2017 until dismissal by reason of redundancy in 2021.
- The claimant's contract required one month's notice.
- On 26 August 2021, the respondent sent a dismissal letter stating the termination date as 30 September 2021.
- The respondent later claimed the termination date was 31 August 2021, but the tribunal found the letter was the clear notice.
- The claimant presented his unfair dismissal claim on 20 February 2022, within three months of 30 September 2021.
Timeline
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Employment started
Claimant began employment as a Senior Operations Manager.
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At risk of redundancy
Claimant was placed at risk of redundancy and individual consultation meetings began on 8 June 2021.
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Claimant went off sick
Claimant went off sick with mental ill-health symptoms and did not return to work.
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Final consultation meeting and dismissal letter
A final consultation meeting was held via Microsoft Teams. The respondent sent a dismissal letter stating termination date as 30 September 2021 and a payment in lieu of notice.
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Claimant sent farewell email
Claimant sent an email to colleagues saying his time at Webhelp had come to an end due to redundancy.
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Payslip issued
Payslip dated 31 August 2021 showed salary, PILON, and redundancy pay.
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Effective date of termination
Tribunal found the effective date of termination was 30 September 2021, as per the dismissal letter.
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Appeal against dismissal
Claimant appealed against his dismissal; appeal outcome sent on 19 November 2021.
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ACAS early conciliation started
Claimant contacted ACAS for early conciliation.
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P45 issued
Respondent issued a P45 showing termination date as 25 August 2021.
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Claimant queried termination date
Claimant telephoned respondent's HR to report incorrect leaving date on P45; respondent's HR stated last day was 27 August 2021.
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Early conciliation ended
ACAS early conciliation ended.
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ET1 presented
Claimant submitted his unfair dismissal claim to the tribunal.
The legal issue
The tribunal had to decide the effective date of termination to determine whether the employee's unfair dismissal claim was presented within the three-month time limit under section 111(2) of the Employment Rights Act 1996.
The outcome
The tribunal ruled that the effective date of termination was 30 September 2021, as stated in the dismissal letter sent on 26 August 2021.
- The employer argued the termination date was 31 August 2021, but the tribunal found the letter was the clear notice and the employee was not required to work his notice period.
- The employee presented his claim on 20 February 2022, within three months of 30 September 2021, so the claim was in time and the tribunal has jurisdiction to hear it.
Lessons & takeaways
- Always check the effective date of termination on your dismissal letter – it determines the deadline for bringing an unfair dismissal claim.
- If your employer later claims a different termination date, the written notice you received is likely to be the decisive evidence.
- Keep a copy of your dismissal letter and any other written communications about your termination date.
- If you are unsure about the time limit, seek advice or contact ACAS early conciliation promptly.
This case shows how crucial the effective date of termination (EDT) is in unfair dismissal claims. The employee, a Senior Operations Manager with four years' service, was made redundant in 2021. His employer sent a dismissal letter on 26 August 2021 stating his employment would end on 30 September 2021, with a payment in lieu of notice. However, the employer later argued that the EDT was actually 31 August 2021, which would have made the employee's claim out of time.
What the tribunal decided
The tribunal carefully examined the evidence, including the dismissal letter, meeting notes, and payslips. It found that the letter was the clearest statement of the employer's intention – it gave one month's notice, as required by the contract, and set the termination date as 30 September 2021. The employer's internal notes about a different date for payroll purposes did not override the formal notice. The employee presented his claim on 20 February 2022, within three months of 30 September 2021, so the claim was in time.
What the employer could have done differently
The employer could have avoided this dispute by being consistent about the termination date from the outset. If they intended the employment to end on 31 August 2021, they should have made that clear in the dismissal letter and ensured the notice period was correctly applied. Instead, the contradictory positions – a letter saying 30 September and later claims of 31 August – created confusion and almost cost the employee his chance to bring a claim.
Why this matters
This case is a reminder that the written notice of dismissal is the key document for determining the EDT. Employers cannot unilaterally change the termination date after the event to defeat a claim. For employees, it reinforces the importance of checking the date on the dismissal letter and acting quickly – the three-month time limit runs from that date, not from when you stop working or receive your final pay.
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