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When does notice of termination of employment take effect?

27 April 2018 #Employment


The Supreme Court has recently confirmed in Newcastle upon Tyne Hospitals NHS Foundation Trust v Haywood that in the absence of any express provision in an employment contract, written notice of termination from an employer does not take effect until the employee has read it, or had a reasonable opportunity of doing so.

The decision upholds the Court of Appeal’s judgment which we previously blogged on (and set out the facts of the case) here. While the Justices in the Court of Appeal used different reasonings in their conclusions, the Supreme Court have now clearly set out that without an express provision in the contract, there will be an implied term that notice begins to run from when the notice is received and the employee has read, or at least had a reasonable chance, to read the notice.

The case shows the importance of express terms governing when notice is deemed to be received. In the absence of any express terms, employers can find themselves in difficulty when trying to terminate employment by a specified date if the employee has not had a reasonable opportunity to read the notice.

Clarkslegal, specialist Employment lawyers in London, Reading and throughout the Thames Valley.
For further information about this or any other Employment matter please contact Clarkslegal's employment team by email at employmentunit@clarkslegal.com by telephone 020 7539 8000 (London office), 0118 958 5321 (Reading office) or by completing the form on this page.

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Michael Hibberd

Michael Hibberd
Senior Solicitor

E: mhibberd@clarkslegal.com
T: 0118 960 4611
M: 0779 900 7511

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