Effective date of termination and notice periods
When dismissing employees with notice, employers need to give consideration to when the notice period will begin, following the Employment Appeals Tribunal’s April 2011 earlier this year, in Wang v University of Keele.
If there is no express term in an employee’s contract stating when the notice period will start and the contract and notice letter together do not create an agreement that the notice period will start immediately, both written and oral notice will be deemed to start from the day after notice is given. Also, if notice of termination is ambiguous, the Tribunal would construe it in favour of the recipient.
By way of example, if three months’ notice is communicated on 3 November, notice will begin on 4 November. The employee’s last date of employment (and effective date of termination) will be 3 February, so any Employment Tribunal claim would need to be submitted by 2 May.
For more information on notice periods, please contact a member of the Lyons Davidson Employment team.
Posted on Sep 7th, 2011 by Lyons Davidson