“Dismissal letter time limits run from reading, not delivery”
Ms Barratt was dismissed by letter delivered to her home on 30 November 2006 while she was on sick leave. She did not read the letter until 3 December 2006. She presented her unfair dismissal claim on 29 August 2007, which would be in time if the effective date of termination was 3 December but out of time if it was 30 November.
When does the effective date of termination occur where dismissal is communicated by letter - on delivery or when the employee reads or has reasonable opportunity to read it?
The effective date of termination is when the employee actually reads the dismissal letter or has had a reasonable opportunity to do so, not when the letter is delivered.
This decision protects employees from losing their right to claim unfair dismissal due to circumstances beyond their control that prevent them from knowing about their dismissal promptly.
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OSCOLA Citation
Gisda Cyf v Barratt [2010] UKSC 41, [2010] ICR 1475
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