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21 October 2010
Issue: 7438 / Categories: Case law , Law reports
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Employment—Unfair dismissal—Date of dismissal

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Gisda Cyf v Barratt [2010] UKSC 41, [2010] All ER (D) 124 (Oct)

Supreme Court Lord Hope DP, Lord Saville, Lord Walker, Lady Hale and Lord Kerr SCJJ, 13 Oct 2010

Under the Employment Rights Act 1996 (ERA 1996), the effective date of termination of employment is when the employee is informed of the dismissal or when the employee has had a reasonable opportunity of discovering that she has been dismissed. Consideration of the behaviour of the employee should be included in an assessment of whether the employee has had a reasonable opportunity to find out about the dismissal.

Paul Greatorex (instructed by Richard C Hall & partners) for the appellant The respondent did not appear and was not represented..

In October 2006, the respondent was suspended from her employment. A disciplinary hearing was held on 28 November 2006. At the end of the hearing, the respondent was told that she could expect to receive a letter on 30 November informing her of the outcome of the hearing (the decision letter). On 30 November, however,

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