Professor Retired Family Law Teacher and a Vice-President of the Family Mediators Association
In Stoke-on-Trent the average gent
Just cannot sleep at all
In Bloemfontein each peasant's brain
Is to this case in thrall
In October 2010 the Supreme Court made a durable ruling of great importance to many of us whose home is Stoke-on-Trent. Yes in Gisda Cyf (Appellant) v Barratt (Respondent) [2010] UKSC 41 their Lordships dealt with the effective date of termination of employment. Section 97(1) of the Employment Rights Act 1996 states that in dismissals without notice it is the ‘date on which the termination takes effect'. Their Lordships decided that this means the date on which the employee is informed of the decision or when s/he has had a reasonable opportunity of discovering the dismissal. Amongst other matters of wider significance was the fact that the appellant was therefore within the 3-month period for the launching of her claim for unfair dismissal. The unanimous decision was delivered in less than 3...
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