Background

An important issue in bringing any Tribunal claim is limitation, because most claims have a limitation period of 3 months from the alleged act, or in cases regarding unfair dismissal, from the end of employment which is often referred to as the “effective date of termination” (EDT).

This case is authority for the proposition that (unless a contract provides otherwise) contractual notice (whether that is in writing or given orally) starts to run from the day after the notice is given.

In the facts of this case the Claimant was dismissed with 3 months notice by a letter emailed and read on the afternoon of 3 November. He presented a claim for unfair dismissal on 2 May.The Employment Tribunal considered jurisdiction and said that the claim was a day out of time as notice started running from 3 November to 2 February, the Claimant appealed.

The Employment Appeal Tribunal took the opportunity to review authorities and found that the proposition that when verbal notice is given, notice starts on the following day, applies equally to written notice. In this case therefore notice ran from 4 November with dismissal taking effect on the 3 February. Accordingly his claim for unfair dismissal on 2 May was in time.

Comment

Although very technical, the exact day of notice and EDT is often an important issue in Tribunal claims. The rules are very strict. This case certainly suggests that the giver of notice should be absolutely clear on the dates of notice if he/she wants to argue the same and that any ambiguity should be construed in favour of the recipient of any notice period. To avoid ambiguity it is preferable to state exact dates, rather than talking in periods of weeks and months, when giving notice or agreeing notice periods.