Source: All England Reporter
Publisher Citation: [2006] All ER (D) 71 (Nov)
Court: Employment Appeal Tribunal
Judge:

Judge Serota QC, Mr H Singh and Mrs R Vickers
Representation Robert Moretto (instructed by Messrs Thompsons, Nottingham) for the employee.
  Jonathan Gidney (instructed by Wolverhampton City Council) for the employer.
Judgment Dates: 6 September 2006

Catchwords

Unfair dismissal - Determination whether dismissal fair or unfair - Dismissal for misconduct - Effective date of termination - Tribunal finding no jurisdiction to determine unfair dismissal claim - Tribunal finding no jurisdiction to allow amendment of claim form - Whether tribunal in error - , ss 97(1), 112(2).

The Case

Where an employee on a fixed term contract was dismissed prior to the expiry of that term, but on appeal the dismissal was overturned, the appeal did no more than have the effect of reinstating the original fixed term contract. If the appeal took place after the expiry of the original fixed term, the successful appeal would not have the effect of extending the contract beyond the date when it would expire according to its terms. An employment tribunal had jurisdiction to exercise its discretion to allow a claim form that had been presented prematurely to be amended, so as to permit a claim to be included that could not have been included when the claim form was originally presented, because the claim had accrued at a later date.

Practice Areas

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