When Will It End? Notice Of Dismissal And The Effective Date Of Termination

The Employment Appeal Tribunal (EAT) has held that unless there is an express term in a contract of employment, contractual notice runs from the day after notice is given. Further, the fact that payment of wages to the employee ends prior to this date does not shorten the period of notice.

The case in question was Wang v University of Keele. Dr Wang was an employee of the University of Keele. On the afternoon of 3 November 2008 an email was sent to Dr Wang, attaching an electronic copy of a letter of dismissal giving three months' notice. Dr Wang opened and read the email later that afternoon.

Thereafter, Dr Wang learned that he would only be paid until 2 February 2009, as this is when the University had calculated that his employment ended. Dr Wang brought a claim for unfair dismissal on 2 May 2009. The University contended that the effective date of termination (EDT) was 2 February as notice had commenced on 3 November 2008. In its view the unfair dismissal claim had not been raised within the required 3 months from the EDT and was out of time. The Employment Tribunal accepted these arguments and dismissed Dr Wang's claim as it found that it was reasonably practicable for Dr Wang to have presented his claim in time. Dr Wang appealed this decision.

The Decision

The EAT allowed the appeal. The EAT considered the real issue to be the time from when the notice period runs, and whether it always runs from the moment notice is received, as was argued by the University. Having considered the relevant case law, the EAT concluded that unless there is an express term in the agreement dealing with when notice is to start, or the fact that notice is to start immediately can be construed from the terms of the contract, notice will run from the day following notice being given.

The EAT decided that in this case there had not been "clear" notice for the period agreed in Dr Wang's contract of...