The ACAS Arbitration Scheme (Great Britain) Order 2004

140.  As to the “effective date of termination”:

(i)the “effective date of termination” means:

(a)in relation to an Employee whose contract of employment is terminated by notice, whether given by his or her Employer or by the Employee, the date on which the notice expires;

(b)in relation to an Employee whose contract of employment is terminated without notice, the date on which the termination takes effect; and

(c)in relation to an Employee who is employed under a contract for a fixed term which expires without being renewed under the same contract, the date on which the term expires.

(ii)Where:

(a)the contract of employment is terminated by the Employer, and

(b)the notice required by section 86 of the Employment Rights Act 1996 (as amended from time to time) to be given by an Employer would, if duly given on the material date, expire on a date later than the effective date of termination (as defined in paragraph 140(i) above),

the later date is the effective date of termination.

(iii)In paragraph 140(ii)(b) above, “the material date” means:

(a)the date when notice of termination was given by the Employer, or

(b)where no notice was given, the date when the contract of employment was terminated by the Employer.

(iv)Where:

(a)the contract of employment is terminated by the Employee, and

(b)the material date does not fall during a period of notice given by the Employer to terminate that contract, and

(c)had the contract been terminated not by the Employee but by notice given on the material date by the Employer, that notice would have been required by section 86 of the Employment Rights Act 1996 (as amended from time to time) to expire on a date later than the effective date of termination (as defined in paragraph 140(i) above),

the later date is the effective date of termination.

(v)In paragraph 140(iv) above, “the material date” means:

(a)the date when notice of termination was given by the Employee, or

(b)where no notice was given, the date when the contract of employment was terminated by the Employee.