Employment Tribunal Time Limits for Unfair Dismissal 'The Effective Date of Termination (EDT) is a crucial starting point in unfair dismissal cases, as it determines the time limits for bringing a claim, the calculation of continuous employment, and the basic and compensatory awards. The EDT is defined under section 97 of the Employment Rights Act 1996 (ERA 1996) and is generally the date on which the notice period expires if notice is given, or the date on which the termination takes effect if no notice is given Effective date of termination, Employment Rights Act 1996 (1996 c 18).
No need to worry! Time limits can be extended, or you might have identified your EDT incorrectly. Check out the examples below to learn how to determine the starting point. Click here > > >
The time limit for an unfair dismissal claim is three months, but don't worry ! It can be extended when you know how to pass the "not reasonably practicable" TEST. If you have a potential multi-claim case involving unfair dismissal and other claims, e.g., prohibited conduct or breach of contract, it is advisable to read ‘Employment Tribunal Time Limits | Comprehensive Checklist'and look for the following icon:
† which indicates that an extension of time may be allowed where a tribunal considers that, in all the circumstances of the case, it is 'just and equitable' to do so.
When an employer fails to give the statutory minimum notice, the EDT is extended as if the minimum notice had been given. This extension applies for calculating the employee's qualifying period of employment and the basic award, but not for the time limit to bring a claim to the employment tribunal. For instance, if an employee is dismissed summarily after one year and 51 weeks of employment, one week's statutory minimum notice would be added, making the employee eligible to bring an unfair dismissal claim by having two years of continuous service Effective date of termination.
In cases where the employer does not communicate the dismissal directly to the employee, the dismissal is only effective when the employee becomes aware of it. For example, if a dismissal letter is sent but not read by the employee, the EDT is the date the employee reads the letter. However, if the employee deliberately avoids reading the letter, they may be debarred from claiming they were unaware of the dismissal. Additionally, if an employer communicates the dismissal to a third party who then informs the employee, the EDT is when the employee is informed by the third party Effective date of termination.
The Acas early conciliation process can extend the time limit for bringing an unfair dismissal claim. The time limit is paused during the conciliation period, and the employee has an additional month after the conciliation period ends to bring their claim Effective date of termination.
In the case of Meaker v Cyxtera, the Employment Appeal Tribunal (EAT) held that the EDT is the date on which the dismissal is communicated, even if it constitutes a repudiatory breach that the employee has not accepted Employment Tribunal Time Limits for Unfair Dismissal. This reinforces the principle that the EDT is determined objectively based on when the employee is informed of the dismissal, not when the employee accepts it.
In summary, the EDT is calculated based on the date the notice period expires or the date the termination takes effect. If the statutory minimum notice is not given, the EDT is extended for certain purposes. The dismissal must be communicated to the employee to be effective, and the Acas early conciliation process can extend the time limit for bringing a claim.
Consider the following example when EDT has been extended by 10 additional weeks without the need to seek the approval from Employment Tribunal
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ACAS EXSTENTION | EDT WHEN YOU OPEN AN EMAIL | WHEN YOU SHOULD NOT USE P45 INFORMATIONS | WHEN SOMEONE WAS TO TELL YOU BUT THEY DID NOT |
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1# An employee was dismissed summarily on 1 August 2024. The dismissal was well communicated during a disciplinary hearing on the same day. However, the employee did not receive the dismissal letter until 7 August 2024 but confirmed understanding of the dismissal during the disciplinary hearing. Therefore, the EDT is 1 August 2024. The employee has three months to bring an employment tribunal claim, which means that 1 November 2024 is the last day of the standard time limits. The employee informs Acas of the dispute on 25 October 2024 and seeks early conciliation. As the employee registered the case with Acas and the original time limit would end during the early conciliation, it extends the time limit by an additional four weeks. If the Acas process lasted the full six weeks and ended on 6 January 2025, the last day to bring the employment tribunal claim would be 5 February 2025.
2# An employee was dismissed on 15 October 2024 while on vacation. The termination notice was sent via email. However, the employee did not check his email until 20 November 2024 because he was ill after his vacation. What is the EDT?
The effective date of termination (EDT) in this case would be 20 November 2024, the date when the employee first read the dismissal email. According to the principles established in Brown v Southall and Knight and McMASTER (appellant) v. MANCHESTER AIRPORT plc (respondents) - [1998] IRLR 112, the termination does not take effect until the employee has either been told of, or has had a reasonable opportunity to read, the notice of dismissal Brown v Southall and Knight, McMASTER (appellant) v. MANCHESTER AIRPORT plc (respondents) - [1998] IRLR 112.
It was similarly held that the EDT is the date on which the employee receives and reads the letter or has a reasonable opportunity to read it, rather than the date the letter was sent or delivered Haywood v Newcastle upon Tyne Hospitals NHS Foundation Trust - [2018] 4 All ER 467. This principle was further supported in Barratt v Gisda CYF, where the court determined that the notice period began when the employee first had an opportunity to read the letter giving notice, even if the letter had reached the employee's home while they were away Haywood v Newcastle upon Tyne Hospitals NHS Foundation Trust - [2018] 4 All ER 467.
3# An employee was dismissed during a disciplinary hearing on 20th of March 2024. The dismissal was written in minutes taken and the employee signed it, it was his last day of work for the employer. Final wages were paid a week after. He, however, did not receive the P45 until 1st of May 2024, on which the employer wrongly indicated the leave date as 1st of May 2024. What is the EDT? Should the employee rely on what the P45 says?
Be careful with P45s !
The Effective Date of Termination (EDT) in this case is 20 March 2024, the date on which the employee was dismissed during the disciplinary hearing and signed the minutes confirming the dismissal. The EDT is the date on which the termination takes effect, which in this instance is the date of the disciplinary hearing where the dismissal was communicated and acknowledged by the employee Employment Rights Act 1996 (1996 c 18) - Dismissal
95 Circumstances in which an employee is dismissed. If the employee worked his notice, let's say two weeks, regardles of what the P45 says his EDT would be 3 of April 2024.
The employee should not rely on the date indicated on the P45 as the EDT. The P45 is an administrative document and any incorrect date on it does not alter the actual EDT. The case of Saminaden v Barnet, Enfield and Haringey NHS Trust - supports this, where the tribunal determined the EDT based on the facts known to the employee at the time of dismissal, rather than any subsequent documentation Leech v Preston Borough Council. Similarly, in Piper v Maidstone & Tunbridge Wells NHS Trust, the tribunal considered the employment relationship to have ended based on the actual events rather than the date on the P45 Kelly v Riveroak Associates Ltd - [2005] All ER (D) 216 (Nov).
4# The employee was dismissed on 28 February 2024 during his prolonged sick leave. The employer instructed his friend to pass on the message. However, the friend did not pass the message to the employee until 15 June 2024. The employee was worried that his time limit had ended. Is that the case? When is the employee's EDT, and what is the last day he needs to either inform ACAS to freeze the time limit or bring an ET claim?
The effective date of termination (EDT) for the employee in this case is 15 June 2024, the date on which the employee received and read the message of dismissal. According to the principles established in Gisda Cyf, the EDT is the date on which the employee receives and reads the letter or has a reasonable opportunity to read it (3) Identifying the end of the period.
Under section 111 of the Employment Rights Act 1996, a complaint of unfair dismissal must be presented to an employment tribunal within three months beginning with the EDT, unless it was not reasonably practicable to present the complaint within that period Employment Rights Act 1996 (1996 c 18) -
Introductory | 111 Complaints to [employment tribunal]. Therefore, the employee has until 14 September 2024 to present a complaint to the employment tribunal or to notify ACAS to freeze the time limit. If he told ACAS on 14 of September 2024 and the EC process lasted the full sic weeks and certificate was issued on 26 of October 2024, he would then have additional 4 weeks to bring ET claim. |
If the employee missed the date but can demonstrate that it was not reasonably practicable to present the complaint within the three-month period, the tribunal may consider extending the time limit Employment Rights Act 1996 (1996 c 18) - | Introductory read "not reasonably practicable" TEST or Case of Mr. Patrick Brophy |
111 Complaints to [employment tribunal], Horwood v Lincolnshire County Council - [2012] All ER (D) 177 (Apr).
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