Mr. Edward McMahon v RGIS Inventory Specialists Limited — 2022

Mr Edward McMahon resigned on 22 January 2022 giving 10 weeks' notice, with an initial end date of 1 April 2022. After a grievance process, the parties exchanged emails on 24 and 25 February 2022 in which the Claimant agreed to finish early and the Respondent accepted that proposal. The Tribunal found that the written agreement was clear and unambiguous: the employment would end on 28 February 2022, the notice period would end early, holiday pay would be calculated to that date, and pay in lieu of notice would be made up to 1 April 2022.

The Tribunal accepted that 28 February 2022 was the Claimant's last working day. He handed back company property on that date, sent an email to colleagues saying it was his last day, and did no work in March 2022. The Tribunal did not draw an adverse inference from the fact that holiday pay and PILON were paid in the March payroll, accepting evidence that the payroll cut-off meant those sums were finalised after the February payroll run. It also found that the P45 leaving date of 31 March 2022 was incorrect and reflected the date of final payment, not the end of employment.

Applying s.97(1)(a) and s.111(2) ERA 1996, and relying on the principle that an effective date of termination can be brought forward by clear agreement, the Tribunal held that the effective date of termination was 28 February 2022. Because the ET1 was not presented within three months of that date and the Claimant did not contend that it was not reasonably practicable to do so, the Tribunal held that it lacked jurisdiction over the unfair dismissal claim and struck it out under Rule 37(1)(a).