An employee was dismissed by his employer with three months notice by a letter emailed and read on the afternoon of 3 November 2008. The employee presented a claim for unfair dismissal on 2 May 2009. Any claim for unfair dismissal must be brought within three months of the effective date of termination (“EDT”) and the employer contended that the EDT was 2 February 2009 and that, therefore, the employee’s claim had been lodged one day out of time.
The EAT held that the principle which applies to verbal notice (that the notice period starts on the day after verbal notice was given) also applies to written notice. Therefore, in this case, notice ran from 4 November 2008 with the EDT being 3 February 2009. This meant that the employee’s claim had been brought in time. The EAT found it to be irrelevant that the employee had only been paid until 2 February 2009 and had stopped working on that date.
Wang v University of Keele