Elliott v JD Sports Fashion Plc [2019]

The claimant had been employed by the respondent retailer.   He was orally dismissed from his position on 14th January 2019 which was followed by written confirmation dated 18th January 2019.   The claimant followed the internal appeals process and the decision on appeal was to uphold the decision to dismiss.  This decision came on 12th March 2019.  The ET1 was presented on 3rd May 2019 when the claimant had been legally assisted.  The solicitor for the claimant had come off record between presenting the ET1 and the hearing which took place in the absence of the claimant.

The Tribunal held that the effective date of dismissal, as set out in the case of