0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

an employee’s date of dismissal – a simple fact surely….

14 October 2010

… not always. In the case of Gisda Cyf v Mrs Barratt, Mrs Barratt was informed of the outcome of her disciplinary hearing by letter. The letter was signed for her by her son on 30th November, however, Mrs Barratt was on holiday and did not read the letter until 4th December when she returned.

The Supreme Court held that her date of termination was the date she read the letter and therefore her unfair dismissal claim was in time.

Employers should take careful note of this decision in relation to appeal time limits. Where disciplinary outcomes are advised by letter, employers should consider a more flexible approach to time limits allowed for submitting an appeal where it is known the employee is on holiday or for some other reason will not read the outcome letter on the date of delivery. The Acas Code does not specify a time limit and employers should therefore ensure they consider all the circumstances before rejecting an appeal as out of time.

related opinions

Furloughed employees entitled to full pay for redundancy purposes

The government has brought in new legislation to ensure that any employees who have been furloughed will have their statutory redundancy pay calculated based on their full-time wages as opposed their furloughed pay in the event that they are made redundant.

View blog

Return to work – all change or more of the same?

The Government has announced that its workplace guidance will change with effect from 1 August and its “work from home” message will be removed.

View blog

Will there be a return of employment tribunal fees?

The Government is reportedly considering the reinstatement of tribunal fees in respect of employment claims.

View blog

Redundancy: competitive interview processes

In this case, the Respondent’s appeal was unsuccessful. In the first instance, the decision that it unfairly dismissed various claimants following the closure of the school where they worked. The Claimants were unsuccessful in applying for substantially similar positions at a new school that opened at the same site. Read more here.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up