Case 2404449/2023 · Employment Tribunal
Ms K Evans v Bolton NHS Foundation Trust — 2023
- Case reference
- 2404449/2023
- Decision date
- 17 October 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ainscough REPRESENTATION
Parties
2 namedClaimant
Ms K Evans
Respondent
Key findings
Tribunal's reasoningThe claimant, Ms K Evans, brought an unfair dismissal complaint against Bolton NHS Foundation Trust. The respondent argued that the claim was out of time. The tribunal therefore addressed two preliminary issues: the effective date of termination and whether the ET1 was presented within the statutory time limit.
The tribunal found that the claimant was told on 7 December 2022 that she was entitled to 12 weeks' notice. Although the respondent then offered pay in lieu of notice on 8 December 2022 and the claimant accepted that offer so that she did not have to return to work, the tribunal held that this did not change the effective date of termination. Applying Adams v GKN Sankey Ltd and section 97 ERA 1996, it held that the notice period still expired on 7 March 2023.
On limitation, the tribunal recorded that ACAS Early Conciliation began on 13 March 2023, the certificate was received on 16 March 2023, and the ET1 was submitted on 15 April 2023. It held that the claim was submitted within the prescribed time limits in section 111 ERA 1996. The judgment does not determine the merits of the unfair dismissal claim, only that it was presented in time.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Preliminary issue only. The tribunal decided the claim was presented within the section 111 ERA 1996 time limit; it did not determine the substantive unfair dismissal complaint. | Other | — | — |
Legal tests applied
3 references- Adams v GKN Sankey Ltd [1980] IRLR 416
- s.97(1) ERA 1996
- s.111(1) ERA 1996
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
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