The EAT has held that where an employee is dismissed with notice expiring after twelve months' service, but then is summarily dismissed before the employee has worked for a year, the effective date of termination is the date the employee was summarily dismissal. As such, the employee cannot bring a claim for 'ordinary' unfair dismissal. The following are the key facts of the case:
- The claimant had worked three months when given her twelve months' notice.
- The claimant brought a claim for unfair dismissal and the employee summarily dismissed her before she acquired one year's service.
- The claimant then brought a claim for automatic unfair dismissal as the reason for her dismissal was her assertion of a statutory right.
The claim for automatic unfair dismissal has yet to be decided.
Key point: When dismissing employees with less than a year's service always consider whether they may have a claim for automatic unfair dismissal which would circumvent the year's service requirement.
M-Choice UK Ltd v Aalders