Hawes & Curtis Ltd v Arfan & Anor (2012) UKEAT 0229_12_0106

This case turned on whether an employer, through the appeal process may recommend a change to the effective date of termination retrospectively, which in turn may impact on whether an ET1 application is completed in time. The Respondent (Hawes & Curtis) argued that the effective date of dismissal for the purposes of section 97(1) of the Employment Rights Act 1996, crystallised at the date of summary dismissal. 103 The claimants were summarily dismissed on 10th October 2010 however following an appeal the company wrote to them upholding the dismissal decision but altering the termination date to 4th November. Both men were paid via