Effective date of termination

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Effective date of termination
  • General definition
  • Where minimum notice is not given

Effective date of termination

Where a qualifying period of employment is required to bring an unfair dismissal claim (see Practice Note: Entitlement to claim unfair dismissal), the claimant's period of continuous employment is calculated up to and including the 'effective date of termination' (often referred to as the ‘EDT’).

It is also necessary to determine the effective date of termination when calculating certain aspects of compensation for unfair dismissal (see Practice Notes: The basic award and The unfair dismissal compensatory award).

This Practice Note only discusses the effective date of termination in the context of the unfair dismissal provisions of the Employment Rights Act 1996. 'Effective date of termination' is also used in relation to entitlement to a written statement of reasons for dismissal (see Practice Note: Written statement of reasons for dismissal).

General definition

The effective date of termination is the date on which:

  1. the notice expires where the contract is terminated by notice, whether given by employer or employee

  2. the termination takes effect where the contract is terminated by the employer without notice (ie summary dismissal)

  3. the termination takes effect where the contract is a limited-term contract which terminates by virtue of the happening of a limiting event (see Practice Note: Definition of dismissal in unfair dismissal).

Generally, notice of termination is only effective at the point when the employee becomes aware that they are to be dismissed

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