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… 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.
Care homes will need to take steps to assess the impact of these Regulations on their workforce.
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This case offers particularly helpful guidance for employers when being faced with employees who are suspected of criminal wrongdoing, albeit care should always be given to ensure allegations are clearly defined and considered on their own merits.
The courts have long recognised that, on a societal level, women bear a greater burden of childcare responsibilities than men which can make it more difficult for women to comply with employer requirements for flexible working (known as the ‘childcare disparity’).
All EU citizens who were not residing in the UK by the end of December 2020 and want to live and work in the UK from 1 January 2021 must apply for a visa as a result of Brexit.
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