Effective Date of Termination – EDT
The EDT is the date on which a contract of employment comes to an end and has importance in calculating the length of continuous service and the correct time limit for making a claim of Unfair Dismissal. The EDT is either:
- if a contract is terminated with notice, then it is the date on which notice expires;
- if a contract is terminated without notice by employer or employee, then it is the date the dismissal/resignation took effect (this does not apply if the contract is terminated by the employer without giving proper Statutory Minimum Notice);
- in the instance of termination of a Fixed Term contract, the date the contract expires.
For the purposes of calculating whether an employee has sufficient continuous service to claim Unfair Dismissal, the EDT is that detailed above, or,
- where an employer has given less notice that that required in law, the EDT is the date that the contract would end, if proper notice had been given;
- where an employee resigns (i.e. on the grounds of Constructive Dismissal) without notice, then the EDT is the date that the contract would have expired if the employer had given Statutory Minimum Notice.