Tag
#effective-date-of-termination
17 cases tagged Effective Date of Termination.
Race discrimination claim dismissed as out of time: a lesson in tribunal deadlines
A Branch Care Manager's claim for direct race discrimination and victimisation was dismissed because she presented it 28 days late. The tribunal refused to extend time, finding no just and equitable reason.
TUPE transfer dismissal: tribunal rejects employer's bid to strike out late claim
A tribunal refused an employer's application for a deposit order against a former employee whose unfair dismissal claim was filed one day late, finding he had reasonable prospects of arguing the effective date of termination was after the transfer date.
Dismissed by email: a day's delay that cost the claim
A former employee's unfair dismissal claim was thrown out because he contacted ACAS two days after the three-month deadline, even though he read his dismissal email the day after it was sent.
Unfair dismissal claim struck out: less than two years' service and no garden leave
A technical development manager who believed he was on garden leave had his unfair dismissal claim struck out because he had less than two years' service and the effective date of termination was clear.
Founder and CTO summarily dismissed on a Teams call: effective date of termination in dispute
A tribunal found that a founder and chief technology officer was summarily dismissed during a Teams call, despite the company later claiming otherwise. The preliminary ruling on the effective date of termination has implications for similar disputes.
Less than two years' service: conditional offer and unpaid shadowing did not count
A leisure centre attendant who was dismissed after less than two years' continuous employment could not bring an unfair dismissal claim. The tribunal ruled his employment started only when he began his first paid shift, not when he did unpaid job shadowing.
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.
Unfair dismissal claim dismissed as out of time despite internal appeal
A retail consultant's unfair dismissal claim was dismissed because he filed it one day late, even though he was waiting for his internal appeal outcome.
Dismissed over COVID-19 vaccination: email notification timing saves unfair dismissal claim
A part-time Fundraising Assistant was dismissed for not being vaccinated against COVID-19, but a tribunal ruled her unfair dismissal claim was in time because she only read the dismissal letter on 23 December 2021, not when it was first sent.
Unfair dismissal claim struck out after ACAS application filed one day late
A former employee's unfair dismissal claim against Abellio London Limited was struck out because his ACAS early conciliation application was submitted one day after the three-month deadline. The tribunal found no reason to extend time.
Dismissed after 18 years: claim thrown out for being four days late
An employment tribunal dismissed an unfair dismissal claim from a team manager with 18.5 years' service because it was presented just four days after the deadline. The key issue was the effective date of termination.
Unfair dismissal claim thrown out for being 104 days late
A former employee's unfair dismissal claim was dismissed because she presented it 104 days after the three-month time limit. The tribunal found no reasonable excuse for the delay.
Dismissed during long-term sick leave: claim thrown out for being 13 months late
A former Royal Mail employee who was dismissed on capability grounds due to long-term spinal pain had his unfair dismissal claim dismissed because he presented it over 13 months after the effective date of termination.
Self-employed sales director's unfair dismissal claim dismissed as out of time
A sales director who provided services as a self-employed worker was dismissed by telephone in July 2020. The tribunal ruled his unfair dismissal claim was presented too late and he was not an employee.
Nurse's whistleblowing claim dismissed as out of time after resignation
A nurse who resigned and later tried to add whistleblowing claims had her case dismissed because the tribunal found she presented her claim too late.
Estate Manager dismissed just before two-year service threshold: claim fails for lack of jurisdiction
An Estate Manager who was dismissed days before reaching two years' service lost his unfair dismissal claim because the tribunal found the effective date of termination was before the qualifying period.
Constructive dismissal claim fails over effective date of termination and ACAS document admissibility
A Sales Support Coordinator's constructive unfair dismissal claim was dismissed after the tribunal ruled the effective date of termination was her resignation date, making ACAS early conciliation documents irrelevant and inadmissible.