Grainne Keenan v H A Emerson & Son Ltd [2017]

Posted In: Case Law
  • Case Reference
    NIIT 00017_17IT
  • Legal Body
    NI Industrial/Employment Tribunal (NIIET)
  • Type of Claim / Jurisdiction
    Absence and Sickness, Tribunal Practice, Procedures and Jurisdictional Issues
Issues covered: Unfair Dismissal; Time Limit; Effective Date of Termination; EDT

The issue for the tribunal was whether or not it had jurisdiction to hear the claimant’s unfair dismissal claim in light of the relevant time-limit provisions contained in the Employment Rights (Northern Ireland) Order 1996 (ERO).  The claimant resigned by letter dated 30th August 2016, noting that she had instructed her solicitor to initiate constructive dismissal proceedings. The claim form was presented to the tribunal 19 days outside the 3-month time limit on 19 December 2016, albeit that it was signed and dated by her solicitor on 30th November 2016. The claimant argued that she had expected a response from her employer and that the ‘effective date of termination (EDT)’ was 17th

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This article is correct at 02/06/2017

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

John Taggart BL

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