Online HR Toolkit
Get full access to 1000+ up-to-date HR guides, 24/7 Legal Helpline*, document templates, policies and guidance for you or your HR team
When does the notice start from?
An NHS worker sent a redundancy notice when she was on holiday abroad has won her case at the Supreme Court.
The High Court and Appeal Court had upheld Sandi Haywood’s claim that notice began when she read the letter, not when it was sent. The later timing resulted in a higher pension.
The details of the case
Mrs Haywood, from Gateshead, worked for Newcastle and North Tyneside Primary Care Trusts for more than 30 years. There was no express term in the contract under which she was employed as to how written notice was to be given and in terms of when it ran.
The Trust issued a written notice of dismissal by recorded delivery. Mrs Haywood was away when the letter was sent on 20 April 2011. Her father in law collected the letter from the post office on 26 April 2011 and Mrs Haywood read it on her return home on 27 April 2011.
Mrs Haywood had a 12-week notice period, and if the written notice of dismissal was taken to run from 27 April 2011, she would have lost out on a higher pension pay-out.
Decision
The Supreme Court ruled on 25th April 2018 that a written notice of termination posted to a home address starts to run when the employee has either read it or had a reasonable opportunity to do so.
The ruling means that in the absence of an express clause in a contract outlining when notice is deemed to be given and take effect, it will be implied that notice will take effect from when it has been received and read by the employee, having first had a reasonable opportunity to do so.
Are you confident that your contracts of employment are up to the mark?
If you would like to know more about how MAD-HR can support you, and Make A Difference to your organisation and how your line managers operate, we would love to have a chat. You can either arrange a free one-hour consultation or call us for a chat about how we can support you on 01473 360160.
“HR Heroes Conduct and Grievance Training”
“The session was informative and a great refresher. We covered a wide range of topics and Robyn was engaging, supportive and helpful. Answering questions and going above and beyond when asking questions outside of this course. Thank you. It was great that it was a small group, and we all had the opportunity to relate our experiences and ask questions in a safe and confidential environment. It was good to gain further knowledge about the difference types of misconduct, difference between conduct and capability, what constitutes a grievance and the steps to follow on how to handle grievances. How to conduct an investigation and the possible outcomes. Gained better understanding of whistleblowing. ”
This article is intended for general information purposes only and does not constitute legal or professional advice. It should not be relied upon as a substitute for advice tailored to your individual circumstances. Please be aware that the law may have changed since the article was published.
Articles may include links to external websites. We have no control over the content, availability or accuracy of these sites, and their inclusion does not imply endorsement or approval of the information or views expressed.
Book a Free HR Consultation
If you need access to commercial and friendly experts to chat through any HR concerns or challenges your business is facing, you have come to the right place!
