It’s often difficult to establish what date should be considered the date of termination when an employee has been dismissed. The difficulty arises due to the fact that employees are given the opportunity to appeal the decision that has been made – will this appeal effect the date of dismissal?
This is an extremely important question as it may establish whether an employee has access to the Unfair Dismissals Act. The date of dismissal will outline whether the employee has one year of service upon being dismissed, and it will also clarify the date in which an employee must submit a claim e.g. within 6 months of the date of dismissal.
A Case to Illustrate
Unfortunately, there is no clear answer when it comes to this question and it will depend on the individual case at hand. Nonetheless, previous claims have indicated that when a tribunal is seeking to answer this question, they’ll often turn to the company handbook for clarification.
In the recent case of Doyle -v- Conduit Enterprises Limited (UD1200/2014), the tribunal held that the date of dismissal was not the date that the employee was initially informed he was dismissed from the company, but rather the date that the decision of the appeal hearing was communicated. The tribunal based this on the fact that the company handbook stated that “the outcome of the appeal is the Company’s final decision”. This sentence indicated that the dismissal wasn’t actually confirmed until the appeal hearing was concluded.
The Role of the Employee Handbook
This case shows just how important it is to consult the employee handbook before making any decisions, as it may be the difference between a successful and unsuccessful claim being made by an employee.
Employers should always review their employee handbook and the appropriate policy before proceeding with any dismissal.
If you have any questions regarding the issues in this article, please don’t hesitate to contact our 24 Hour Advice Service on 01 855 50 50
