15 May Unfair dismissal – effective date of termination

When bringing a claim for unfair dismissal, an employee has 3 months to lodge a claim to the Employment Tribunal from the “effective date of termination” (or EDT). This time limit can be extended by virtue of the process of ACAS Early Conciliation.

The Supreme Court in Newcastle Upon Tyne NHS Foundation Trust v Haywood held that, where a contract of employment is silent on when notice of termination is deemed to have been served, the effective date of termination is the day that the employee has read the letter of dismissal (or had a reasonable opportunity to do so).