Leaving & redundancy

Effective date of termination

In short

The effective date of termination is the statutory date employment is treated as ending for unfair-dismissal rights and time limits.

Applies in Great Britain. Northern Ireland differs below.Source-checked by Team Holly on

The date follows how employment ended

For an ordinary dismissal with notice, the effective date of termination is usually when that notice expires. For a dismissal without notice, it is usually when the dismissal takes effect. The expiry of a fixed-term contract and a resignation have their own factual routes to the ending date.

Payment in lieu of notice commonly ends employment immediately rather than moving the date to the end of the notional notice period. Contract wording, communication and limited statutory extensions can complicate the answer, so do not infer the EDT from the last payroll date alone.

One date can control several tests

The EDT can determine continuous service, whether a qualifying period is met and when an unfair-dismissal time limit starts. The Acas time-limit guidance explains the usual connection between the end of notice, dismissal without notice and the claim clock.

The Acas dismissal-appeal guidance says an unsuccessful appeal leaves the dismissal in place from the original dismissal date. A successful appeal usually reinstates the employee, with the original dismissal treated as not having happened.

Do not wait for an internal appeal outcome before checking the tribunal deadline. Early conciliation can pause the applicable limit when Acas is notified in time.

Build a dated record

Keep the decision date, how and when it was communicated, contractual and statutory notice, whether notice was worked, any payment in lieu, the last day and the employer's EDT calculation. If dates are disputed, preserve delivery evidence and the words used rather than rewriting the record later.

Confirm the intended employment end date to the employee and payroll. That administrative record helps, but it does not override the statutory test. Obtain advice promptly where the date affects a claim, transition rule or service threshold.

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