Our News
Effective date of termination - you're fired, effective from?- 01/03/2010
In the case of Gisda Cyf v Barratt Miss Barratt attended a disciplinary hearing on Tuesday 28 November. She was sent home and told to expect a letter concerning possible dismissal that Thursday.
The dismissal letter arrived by recorded delivery on Thursday 30 November and was signed for, but not by Miss Barratt as she was away in London visiting her sister.
Barratt phoned home from London, but did not ask about the arrival of the letter. She returned home on Sunday night and opened the letter the next day, i.e. Monday 4th December.
These facts were significant when considering whether Barratt had filed her employment tribunal claim for unfair dismissal within the 3 month time limit.
Her claim would only be in time if the Effective Date of Termination was when she actually opened the letter and read of her dismissal. If the EDT was some earlier date, such as when the letter was written, posted or delivered to her home address, her claim would be out of time.
The tribunal accepted that the claim was brought within time. Reaffirming a long established doctrine, they held that the decision to terminate employment is effective when communicated.
If Barratt had gone away deliberately to avoid receiving the letter or avoided opening it then she would not have been able to rely on this doctrine.
The tribunal also held that there was no obligation on Barratt to make inquiries over the phone about the contents of the letter. The EAT and Court of Appeal agreed.
This case illustrates that, for the sake of certainty, it is advisable to have a face-to-face meeting to inform an employee that they are dismissed.
If the dismissal letter is not ready at that time, then a note of what was said needs to be made and a follow up letter confirming the decision (including when it was verbally delivered) should be sent as soon as possible.