Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

In Lancaster and Duke Ltd v Wileman [2018] UKEAT 0256_17_040 the Employment Appeal Tribunal (“EAT”) held that in situations where an employee is ‘guilty’ of gross misconduct the ‘Effective Date of Termination’ (“EDT”) should not be extended by the statutory minimum notice period (for the purposes of calculating the employee’s length of continuous service).

The factual background of Lancaster and Duke Ltd v Wileman

Ms Wileman commenced employment with Lancaster and Duke Ltd (“Lancaster”) on 22 September 2014. She was judged as being a capable worker, if occasionally rude and aggressive, and she had a combative relationship with one of Lancaster’s directors.

On 20 September 2016 Ms Wileman was summarily dismissed on allegations of gross misconduct – no process was carried out before the dismissal, the allegations put to her were vague, and she was not given a right of appeal against the decision. Ms Wileman subsequently submitted a claim for unfair dismissal to the Employment Tribunal.

The Employment Tribunal upheld Ms Wileman’s claim for unfair dismissal, holding, as a preliminary point, that under section 97(2) of the Employment Rights Act 1996 (“ERA 1996”) where the employer dismisses an employee with less than the minimum required period of statutory notice the EDT is deemed to be the date on which the statutory period of notice would have expired. As at 20 September 2016 Ms Wileman would have been statutorily entitled to one weeks’ notice of termination, which would have expired on 27 September 2016. The Employment Tribunal therefore concluded that the correct EDT was 27 September 2016 and that Ms Wileman consequently had over two years’ continuous service, entitling her to bring a claim for unfair dismissal.

Lancaster appealed against the decision of the Employment Tribunal, arguing that section 86(6) ERA 1996 meant that, as Ms Wileman had been accused of gross misconduct, she was not therefore entitled to a period of statutory notice (and the EDT should therefore not be extended).

The decision of the Employment Appeal Tribunal

The EAT upheld Lancaster’s appeal, holding that section 86(6) ERA 1996 operated so as to eliminate an employee’s entitlement to statutory notice if they were ‘guilty’ of gross misconduct. The EAT held that the fact that the Employment Tribunal had not made a specific finding in its judgment as to whether Ms Wileman was guilty of gross misconduct as a matter of common law meant that his issue would have to be dealt with as a preliminary issue (in order to determine whether section 86(6) ERA 1996 was in fact engaged or not). This issue was therefore remitted to the Employment Tribunal.

Our solicitors’ comments on Lancaster & Duke Ltd v Wileman

Chris Hadrill, a specialist employment solicitor at Redmans, commented on the case: “This Employment Appeal Tribunal decision clarifies an important issue of law that had not been specifically dealt with before by the appeal courts. In cases where there is less than two years’ continuous employment and allegations of gross misconduct are made, employees should check to see what statutory period of notice they’re entitled to (in order to determine whether they can bring a claim for unfair dismissal or not)”.

The full decision of the EAT in Lancaster & Duke Ltd v Wileman [2018] UKEAT 0256_17_0407 can be found here


Redmans Employment Team deal with employment matters for both employers and employees, including drafting employment contracts and policies, advising employers and employees on compromise agreements, handling day-to-day HR issues, advising on restructures, and handling Employment Tribunal cases for both employers and employees Call 020 3397 3603 to speak to one of the members of our employment team or email us on enquiries@redmans.co.uk. Redmans have offices in Richmond, Chiswick, Hammersmith, Fulham, Kingston, Wimbledon, Ealing, Kings Cross and Marylebone (meetings strictly by appointment only).

Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

Share →

Our awards

Request a callback

Your first name (required)

Your last name (required)

Your email (required)

Your telephone number (required)

Brief details of your enquiry

Contact us

Please feel free to discuss your own position and concerns. Contact your nearest office on:

T: 020 3397 3603
E: enquiries@redmans.co.uk
W: www.redmans.co.uk


4.77 Average

205 Reviews

Gary P

All good advice, prompt and efficient

Posted 3 weeks ago


Excellent advice and customer service.

Posted 1 month ago

Aneet G

I would definitely recommend Redmans. Very impressed with service provided. They were extremely proactive in handling my case which made things easier for me. Provided sound advice and resolution. Special credit for this goes to Chris who dealt with my case with great determination and consideration.

Posted 2 months ago

Fern M

Very efficient and friendly

Posted 2 months ago

Neville S

A professional and friendly service, which I would highly recommend.

Posted 2 months ago

Daniel T

Extremely helpful and made a bad situation much more manageable. Where other solicitors seemed disinterested in my situation Redmans immediately made me feel like it was a team effort to achieve a more favourable outcome

Posted 2 months ago

Paul T

Excellent, quick and informative. Chris was a real star and gave me confidence during the uncertainty if a redundancy settlement.

Posted 2 months ago

Marina E

Felt in very capable hands was listened to and given excellent advice. Would not hesitate to recomend and use again if needed.

Posted 2 months ago

Rosa B

Fabulous service all round.

Posted 2 months ago


Redmans were quick to respond to my enquiry and dealt with my case professionally and personably. I received sound advice and was put at ease by Chris Hadrill, Partner.

Posted 2 months ago

Alkhas K

Excellent service.

Posted 2 months ago

Mathias G

Contacted them regarding my end of employment agreement. Chris Hadrill dealt with it and was done and handed back to employer same day more than happy with there service.

Posted 3 months ago

Mark W

Most professional from start to finish offering very a personal service. Most impressive and quick when dealing with the matters in hand.

Posted 4 months ago


Posted 4 months ago


I am very glad I came across Redmans Solicitors. Fantastic service!

Posted 4 months ago


Fantastic communication, always happy to answer queries, highly recommended.

Posted 4 months ago

Wavenie B

They were very straight to the point, friendly and understanding people. I felt they had my best interest. They were easy to get hold of, replies were almost instant. 5/5 for customer service

Posted 4 months ago

Christina P

Caroline was fantastic to work with - extremely knowledgeable, supportive, thorough and honest. I definitely recommend Redmans!

Posted 4 months ago


Very well done and fast support. Professional and reliable. Highly recommended!

Posted 4 months ago

Helene L

They were very knowledgable in the respected area in terms of change in law/regulations that is crucial for the clients who are seeking for legal arvice.

Posted 4 months ago

Sara R

Very helpful and wonderful advice

Posted 4 months ago