header-logo header-logo

18 May 2018 / Charles Pigott
Issue: 7793 / Categories: Features , Employment
printer mail-detail

Giving notice: why delivery matters

nlj_7793_pigott_0

Can a notice period start even when the employee has not read their dismissal letter? Charles Pigott investigates

  • The Supreme Court has decided that a contractual notice period did not start to run until the employee had read the dismissal letter.
  • It declined to imply a term that notice should run from the date the letter arrived in the post.

In Newcastle upon Tyne Hospitals NHS Foundation Trust v Haywood [2018] SC 22, [2018] All ER (D) 110 (Apr) the Supreme Court has finally settled the question of how to calculate the date from which a written notice of dismissal starts to run, in the absence of an express term in the contract of employment.

Why the date of dismissal mattered

Ms Haywood worked for an NHS Trust. Her post was in the process of being made redundant and she was approaching her 50th birthday. She was entitled to 12 weeks’ notice and there was no express term in her contract of employment stipulating how notices were to be given.

By

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
Lasting powers of attorney (LPAs) are not ‘set and forget’ documents. In this week's NLJ, Ann Stanyer of Wedlake Bell urges practitioners to review LPAs every five years and after major life changes
back-to-top-scroll