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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
back-to-top-scroll