What is the effective date of termination?

The question arose in Wang v University of Keele which was heard by the Employment Appeal Tribunal (EAT). This is often thought to be a simple question to answer. However, finding the answer can be more complicated than it first appears and will depend on when the notice period starts to run.

In this case the employer sent a letter by email on the afternoon of 3rd November giving the Claimant three months notice of the termination of his employment.

The Claimant opened and read the email on the same day. The Claimant was paid until 2nd February and this date was considered by both parties as the date on which the notice period expired. The Claimant then lodged a claim for unfair dismissal on 2nd May. This was rejected by the Employment Tribunal on the basis that the claim had been lodged one day out of time and should have been submitted by 1st May.

The Claimant appealed on the basis that part days do not count when calculating the notice period and notice should therefore have started to run on 4^th November. On appeal the EAT referred to the case West v Kneels which held that where an employee is given verbal notice, notice does not start to run from the moment it comes to the employee’s attention and part days do not count.

The EAT considered that no distinction could be drawn between verbal and written notice and notice therefore ran from 4th November and the claim was submitted in time.

This case highlights the need for employers to be aware of exactly the correct period of notice. Unless there is an express term in the employee’s contract to the effect that notice starts to run on the day it is given then the notice period will run from the following day.

For more information contact Fiona Chadwick

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