Notice of Termination of Employment – Be Aware of the Rules

Which of the below statements would you say is true with regards to employers serving employees notice of termination of their employment?

A.) Notice is counted from the date of the notice of termination of employment letter was dated.
B.) Notice is counted from the date of the notice of termination of employment letter was sent.
C.) Notice is counted from the date of the notice of termination of employment letter received and read by the affected employee.

You may be surprised to hear that the correct statement is C.

It is the date the employee has read the notice of termination letter that the notice is counted from not the date the letter was dated or sent to the employee.

The case of Newcastle Upon Tyne NHS Foundation Trust v Haywood highlights the importance of considering this fact as relying on the date stated on the notice of termination of employment letter only can prove to be costly.

If employers need to communicate immediate notice of termination, it is best to do this in person and follow it up with a written notice afterwards.