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Dismissal by letter is effective when employee reads it

This report relates to 1 case(s)

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    Gisda Cyf v Barratt [2010] IRLR 1073 SC (1 other report)

    • Dismissal: Termination date was when dismissal letter was read

      Date:
      1 February 2011

      In Gisda Cyf v Barratt [2010] IRLR 1073 SC, the Supreme Court held that, where a dismissal is effected by letter, the effective date of termination (from which the time limit for an unfair dismissal claim begins to run) does not occur until the letter is read or until the point at which the employee has had a reasonable opportunity to read it. In doing so, the Court rejected the contention that ordinary contractual principles should apply so that the effective date of termination would be the date on which the letter is delivered.

unfair dismissal | effective date of termination | dismissal by letter

The Supreme Court has held that, where an employee is dismissed by letter, the effective date of termination is the date on which he or she reads the letter, or has a reasonable opportunity to do so.