Effective Date of Termination | Employment Law Advocates

The decision of the Supreme Court in Gisda Cyf v Barratt decides a point which, in the words of Lord Kerr, has “fundamental implications for any claim for unfair dismissal”. The Claimant had brought a claim which was on its face, out of time. However, the Claimant had not read the letter until four days after it had arrived. The question, therefore, was when was she dismissed? The employment tribunal, EAT, Court of Appeal and Supreme Court were all of the opinion that she was not dismissed until she became aware of her dismissal some four days after the letter had arrived. The important consideration here, was the reason that she had not read the letter until she did; there needs to be good reason for not reading the letter upon its arrival. An employee, expecting a letter of dismissal, cannot just refuse to open their post for fear of being dismissed. For employers this case suggests that it may be safest to inform an employee of their dismissal both orally and in writing to avoid this type of situation arising.