ARTICLE
15 November 2010

Effective Date of Termination - Supreme Court Guidance on Summary Dismissal

BB
Bird & Bird

Contributor

As you adapt and innovate, you'll need a firm that's hardwired to anticipate and uncover the opportunities in change.

You'll need a firm that will ask the right questions to shape the right objective. And you'll need proactive, practical, and commercially led advice on how to get there.

It's what we do and it's what makes us your go-to firm, whether you're facing disruption or creating it.

You can trust us to know your sector as well as you do, to be curious, and to connect the dots to reach solutions others don’t. And you can trust us to deliver as promised – and more.

We'll work closely with you and make things easier for you. We'll look to deliver new improved solutions and services. And we'll take on your problems as if they were our own. But more than that, we'll work as one seamless international team across our business and yours. Giving you access to a whole world of expertise.

Under the Employment Rights Act, any claim for unfair dismissal must normally be made within three months after the 'effective date of termination'.
United Kingdom Employment and HR

Under the Employment Rights Act, any claim for unfair dismissal must normally be made within three months after the 'effective date of termination'.

In cases of summary dismissal this is the date 'on which the termination takes effect'. Where the employee is told of the summary dismissal by letter, the tribunals have for at least thirty years said that such a dismissal takes effect only when the employee has read the letter of dismissal or has had a reasonable opportunity to do so.

In the recent case of Gisada Cyf v Barratt, the Supreme Court confirmed that this approach was still correct.

The dismissal letter had been sent to the claimant by recorded delivery. Her stepson had signed for it. She was away visiting her sister and had not actually opened it until four days later. Her dismissal was not effective until she had read the letter.

Points to Note:

  • Under contract law, the dismissal cannot take effect before the decision is communicated to the employee, except where the employee has deliberately avoided the communications.
  • What amounts  to having a 'reasonable opportunity' to read a dismissal letter will depend on the circumstances of each case.
  • This rule only applies to cases of summary dismissal.
  • Where the contract is terminated with notice, the effective date of dismissal will be the date when the notice expires. This will not usually involve issues as to when the notice letter was received and will be far easier for an employer to establish.
  • As the Supreme Court put it in its judgment, if an employer wishes to be certain that an employee knows that they have been summarily dismissed, they should 'resort to the prosaic expedient' of informing them in a face-to-face interview.

www.twobirds.com

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More