An employee was contractually entitled to a minimum period of notice of termination of employment upon redundancy, such termination being required to take place on stipulated dates referable to school terms.
Following an unsuccessful trial period in an alternative position, which was terminated early, it was not possible to convene a meeting between the parties before the Claimant left the country on agreed leave, during which time she was unable to access her work email account. The Respondent sent a letter by post and email giving notice of termination. The letter was dated 11 October and to be effective to terminate on the next applicable date (31 December) had to have been received by the Claimant by 31 October.
She contended in her ET1 that the letter had not been delivered to her home and that she subsequently learned of its contents from her union representative. By that time (6th November) it was too late for the required notice to be given to terminate on 31st December. Consequently she was entitled to notice pay until 30 April.
The ET did not give sufficient reasons for its finding that the employment terminated on 31 December, and, in particular, as to whether the letter had been (or should be deemed to have been) delivered to the Claimant. The issue was therefore remitted for determination to a fresh Tribunal.
A cross-appeal relating to the ET’s failure to apply a Polkey reduction to an award for loss of statutory rights was also allowed.
Citations:
[2020] UKEAT 0235 – 19 – 0708
Links:
Jurisdiction:
England and Wales
Employment
Updated: 07 May 2022; Ref: scu.655539