Duniec v Travis Perkins Trading Company Ltd

Employment tribunal – Procedure. The employment tribunal rejected the employee's claim for unfair dismissal on the basis, having regard to the effective date of termination (EDT), it had been brought out of time. The Employment Appeal Tribunal, in dismissing the employee's appeal against that decision, held that in the light of established authority such as Cort (Robert) & Son Ltd v Charman [1981] IRLR 437, when calculating the three-month primary time limit under s 111 of the Employment Rights Act 1996, s 97(2) of that act did not allow for the addition of statutory notice entitlement under s 86. Consequently, the tribunal had correctly identified the EDT, with the result that the employee's claim had been out of time.

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