The effective date of termination (EDT)

[page 94]

The EDT is used to work out whether an unfair dismissal claim is within the tribunal time limit, so it is crucial to get it right.

The rules for calculating the EDT are found in section 97, ERA and are as follows:

• if an employee is dismissed with notice, the EDT is the date the notice expires;

• if an employee is dismissed without notice (summary dismissal), the EDT is the date the dismissal takes effect; and

• if an employee is working under a fixed-term contract, the EDT is the date the termination takes effect.

Any ambiguity about the EDT must be resolved in favour of the employee (Chapman v Letheby [1981] IRLR 440).

A P45 is not proof of dismissal and the EDT is not necessarily the date on the P45. There is no need to wait for a P45 to bring a claim and doing so may mean missing the ET claim deadline and losing the right to pursue it (London Borough of Newham v Ward [1985] IRLR 509).

If a dismissal is confirmed after an unsuccessful appeal, the EDT remains the date of the original dismissal. The appeal does not change the dismissal date or extend the employment in any way (see page 90).