When does notice of dismissal take effect?


The employee had been made redundant, which was confirmed to her in writing, received when she was on holiday. The NHS Trust argued that notice took effect 12 weeks after the letter was posted, or at least after her father-in-law picked it up from the post office. The Supreme Court disagreed and held that the 12 weeks run from the time she had the opportunity to read the letter.

The implications meant that her notice did not expire until after her 50th birthday and she was therefore entitled to a significantly increased pension rights.

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