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Supreme Court Ruling To Affect Notice Of Termination Letters

May 2nd, 2018

Common law rulings can have a real effect on the workplace, so ensuring you consult your employment solicitors on any relevant to your business is important.

As another employment case comes to a long-awaited conclusion, Newcastle upon Tyne Hospitals NHS Foundation Trust v Haywood has lasting legacy for all employers, not just the NHS in which the case took place.

The landmark decision ruled that notice of termination takes effect not when it is posted, nor when it is delivered to the employee, but when the employee actually reads it, according to People Management.

The Supreme Court found in favour of NHS worker Sandi Haywood, who was sent a notice of redundancy while she was on holiday, focusing on an issue of if the notice fell before or after her 50th birthday.

Haywood was informed that her job may be at risk after a NHS merger, however, asked for it not to be finalised while she was away on a holiday the NHS Trust had already approved. The notice of termination was sent during this time, meaning that her 12 week notice would come into effect before her 50th birthday. This would then mean her pension was reduced.

Regardless of the details of the case, it has consequences for all employers as it may effect all contracts in the UK. It is now implied that notice takes effect from the time the employee reads the letter, having been given a reasonable opportunity to do so, unless it is otherwise stated within the terms of the contract.

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