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In Teva (UK) Limited v Heslip UKEAT/0008/09, the Employment Appeal Tribunal (EAT) held that where late acquired information genuinely and reasonably brings about a change in belief, then a claim for unfair dismissal can proceed provided it is presented within a reasonable time after the changed belief comes about.
Ms Heslip, a sales manager for a drugs company, was made redundant on the basis that Cornwall, the geographical area she covered was no longer going to be actively marketed by the company. Following a consultation process, Ms Heslip was made redundant with immediate effect on 2 May 2008 and was given a month's pay in lieu of notice. It was only on learning from a colleague on 13 August 2008 that Cornwall was, in fact, still being covered by the company that Ms Heslip had grounds to suspect that the redundancy exercise was flawed. She brought a claim for unfair dismissal on 29 August 2008.
The Tribunal upheld Ms Heslip's claim for unfair dismissal. Due to ambiguities contained in the letter of 2 May, the Tribunal found that Ms Heslip's effective date of termination (EDT) was actually 2 June 2008 and therefore her claim was presented within the three month time limit. The company appealed. The EAT held that there was no ambiguity in the letter and that the EDT was 2 May 2008. However, it also held that where a later discovery results in a change of belief in the possibility of bringing a claim for unfair dismissal, then it may proceed provided the claim is presented within a reasonable time after the changed belief comes about. The appeal was therefore dismissed.
