Can an employer cut short the notice to avoid a claim?

If an employee is dismissed for a reason other than gross misconduct and has not been given their full statutory minimum notice (see page 14), the EDT will be automatically extended to the date when that notice would have expired if it had been properly given (section 97(2), ERA 96).

This means that an employee dismissed within two weeks of the end of their second year in employment will still be entitled to bring a claim for unfair dismissal. However, reps should note that this extension of the EDT does not apply to contractual notice (Harper v Virgin Net Ltd [2004] EWCA Civ 271).