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This Practice Note examines the deadline for lodging or submitting an unfair dismissal claim in the employment tribunal under section 111 of the Employment Rights Act 1996 (ERA 1996). It addresses potential qualifications to the usual three-month period running from the effective date of termination (EDT), the tribunal’s discretion to extend time where it has not been reasonably practicable to present the claim within the limit, and the possibility of extending time in relation to the early conciliation requirement. It also reviews when the time limit begins where dismissal is with notice. For detailed guidance on applying and calculating tribunal time limits generally, see Practice Note: Time limits for presenting employment tribunal claims... The general rule—three months from the effective date of termination An unfair dismissal complaint must ordinarily be presented to the employment tribunal before the end of the three-month period beginning with the EDT. For assistance in identifying the date on which the EDT falls, see Practice Note: Effective date of termination. For clarification of the...
Continuity of employment (ERA 1996) This Practice Note explores provisions of the Employment Rights Act 1996 concerning continuity of employment. It explains why length of service matters—namely eligibility to bring claims and the level of compensation—and sets out the general principles of calculation; when a period of continuous employment commences and ends; what constitutes a break in continuity (a break in service); how the continuous period is worked out; situations in which a change of employer does not interrupt continuity; which weeks count where there is a contract of employment and which weeks count where no contract is in place; the effect of sickness, injury or a temporary cessation of work; the operation of any arrangement or established custom that preserves continuity; the impact of zero hours contracts; rules applicable to health service employers; protection of redundancy payments for NHS and public authority employees; the effect of illegality; and the circumstances in which a statutory redundancy payment itself breaks continuity. It also covers the rules on continuity for overseas...
Practice Note It outlines how to establish the effective date of termination (EDT) for unfair dismissal under the Employment Rights Act 1996 (ERA 1996). It sets out how to determine the EDT where notice is given, where no notice is given (summary dismissal), and at the end of a fixed or limited term contract, and also when the statutory minimum notice period impacts qualifying service and the basic award...
In the employment tribunals Case no: [ Insert case number ] Between: [ insert name of claimant ] — Claimant and [ insert name of respondent ] — Respondent Claimant's schedule of loss 1. Details Net basic weekly pay: £[ insert amount ] Contractual notice period: [ insert number ] [ weeks OR month[s] ] Statutory notice period: [ insert number ] week[s] Claimant’s date of birth: [ insert date ] Period of service: [ insert date ] to [ insert date ] Complete years of continuous service: [ insert number ] year[s] Age at the effective date of termination (EDT): [ insert number ] years Gross weekly wage: £[ insert amount ] Statutory ceiling for a week’s pay at the EDT: £[ insert amount ] ...