What if an employer cuts short your notice?

If an employee is dismissed for a reason other than genuine gross misconduct (summary dismissal) and has not been given the statutory minimum notice, the EDT is extended to the date when that notice would have expired (section 97(2), ERA 96). This means that an employee dismissed within a week of reaching the qualifying service for an unfair dismissal claim will still be entitled to bring their claim. This extension of the EDT does not apply to contractual notice exceeding the statutory minimum entitlement (Harper v Virgin Net Ltd [2004] IRLR 390).