Your Questions Answered

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Q: We are often asked which date is the effective termination date if an employee is dismissed. Is it the date that the employee is informed of the decision to dismiss or is it the date the employee reads the letter confirming the termination?

A: In Robinson v Fairhill Medical Practice, Robinson was unable to attend a disciplinary hearing due to illness and so communicated with her employer through her solicitor. The employer emailed the solicitor to inform the employee of their decision to summarily dismiss her on 6th July but the solicitor did not inform the employee of this decision until 7th July and the employee read the termination letter on 8th July.

To raise a claim in an employment tribunal, the employee must ensure that the claim is received by the Tribunal within a period of three months less one day from the date of termination. The employee made a claim against her employer in the Employment Tribunal on 7th October but it was struck out at a pre-hearing review as being a day late, as the employment tribunal deemed her termination date to be the date that she was informed of the decision which was 7th July.

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