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16 Managerial L. 1 (1974)

handle is hein.journals/ijlm16 and id is 1 raw text is: DEDMAN v. BRITISH BUILDING & ENGINEERING APPLIANCES LTD.

COURT OFAPPEAL
Lord Denning M.R., Stamp L.J. and Scarman L.J.
DEDMAN v. BRITISH BUILDING & ENGINEERING
APPLIANCES LTD.
November 6, 1973
Industrial Relations - Unfair dismissal - Complaint - Time limit - Notice of
dismissal terminating employment immediately - Salary paid to end of month
plus one month's salary in lieu of notice - Whether employment terminated
immediately or at end of month - Whether practicable for complaint to be
presented within four week period - Industrial Relations Act, 1971 (c.72),
s. 23(5) - Industrial Tribunals (Industrial Relations, etc.) Regulations, 1972
(S.I. 1972 No. 38), Sch., r. 2(1).
The Industrial Relations Act, 1971 provides by section 23:
(5) In this Act 'the effective date of termination' - (a) in relation to an
employee whose contract of employment is terminated by notice.. . . means
the date on which that notice expires; (b) in relation to an employee whose
contract of employment is terminated without notice, means the date on
which the termination takes effect;. . .
The Industrial Tribunals (Industrial Relations, etc.) Regulations, 1972 provides
by rule 2 of the Schedule:
(1) In relation to proceedings on complaints. . .a tribunal shall not entertain
such a complaint unless it is presented before the end of the period of four
weeks beginning - (a) in the case of a complaint relating to dismissal, with the
effective date of termination, . . . unless the tribunal is satisfied that in the
circumstances it was not practicable for the complaint to be presented before
the end of that period.'
On May 5, 1972, the employee was given a letter from his employers stating
that, since they had altered the activities of the department in which he worked,
they had no altemative but to terminate his employment immediately. The
letter directed the employee to leave his car, keys and other company property on
the premises today. Enclosed with the letter was a P 45 tax form and a cheque
for his May salary and a further month in lieu of notice. On the same day, he was
also given his insurance card stamped up to the week ending May 5. The employee,
who knew that he had some rights under the Industrial Relations Act, 1971 but
did not know that, under rule 2 of the Schedule to the Industrial Tribunals

I

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