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Effective date of termination: Unexecuted compromise agreement did not terminate employment

This report relates to 1 case(s)

In Radecki v Kirklees Metropolitan Borough Council EAT/0114/08, the EAT held that the contract of an employee with whom the employer was negotiating a compromise agreement terminated not on the date specified in the informally agreed draft agreement, but four months later when the employer told him unequivocally that it considered that his employment had ended. Accordingly, the three-month time limit for presentation of the employee's unfair dismissal complaint ran from that later date.