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TERMINATION: When does notice of dismissal take effect?

05 May 2017  

An employee’s contract will usually specify the period of notice they are entitled to receive if they are dismissed, but when does the notice period start to run? Phil Allen looks at a recent Court of Appeal judgment

In Newcastle upon Tyne NHS Foundation Trust v Haywood [2017], the Court of Appeal has confirmed that a notice period will only begin once it has actually been communicated to the employee. This provides legal certainty (at least to employees), but it does mean that employers must ensure an employee has received the notice of dismissal otherwise the dismissal may be delayed. The employer cannot just assume the employee has received correspondence sent to them.

Additional Info

  • Case(s) Referenced:

    Gisda Cyf v Barratt [2010] UKSC 41

    Hindle Gears Ltd v McGinty & ors [1985] ICR 111

    McMaster v Manchester Airport Plc [1997] UKEAT/149/97

    Newcastle upon Tyne NHS Foundation Trust v Haywood [2017] EWCA Civ 153

    Societe Generale, London Branch, v Geys [2012] UKSC 63