Effective date of dismissal

Fitzgerald v University of Kent at Canterbury CA TLR 4 March

The applicant, who suffered from depressive illness, applied for early retirement on the ground of ill health. Her application was approved in February 2001. On 2 March, she accepted retirement as from 28 June. On 1 June, within three months of 2 March but more than three months from 28 February, she issued employment tribunal proceedings, believing that she had been unfairly dismissed and that, being disability-related, her dismissal was unlawful. The employer alleged that her application was out of time.