1 User Commentary
30 August 2011
Employment - effective date of termination
The Court of Appeal (Civil Division) handed down judgment in the case of Kirklees Metropolitan Council v Radecki  EWCA Civ 298 on 8th April 2009. This case concerned whether the former employee of Kirklees Metropolitan Council, Mr Radecki, had presented his claim for compensation for unfair dismissal within the time limit under section 111 Employment Rights Act 1996 c. 18. Kirklees Metropolitan Council was appealing against the decision of the Employment Appeal Tribunal that the claim had been presented within the time limit.
The dispute between the parties centred on the effective date of termination (“EDT”) of Mr Radecki’s employment. The Employment Tribunal (“ET”) held that the EDT date was 31st October, when Mr Radecki held himself out as agreeing to a compromise agreement. The Employment Appeal Tribunal held that there was no sufficiently unequivocal statement by Kirklees that could have been regarded as terminating the employment until its letter of 5th March 2007. However, the Court of Appeal allowed the appeal and held that Mr Radecki’s claim should be remitted to the ET for a re-hearing of the question as to whether or not his claim was presented within the time limit prescribed by section 111 as the relevant fact-finding tribunal was the ET.
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