Potter and others v RJ Temple Plc (in liquidation): EAT 18 Dec 2003

The claimants faxed on the evening to the employers an acceptance of the employer’s repudiation of their contracts. The claim was not presented to the tribunal until the same day of the month three months later.
Held: The claim was out of time. The fax was accepted under the Act on the day it was received, and not on the following morning when it was first read.
Richardson J
UKEAT/478/03, [2003] UKEAT 0478 – 03 – 1812, Times 11-Feb-2004, [2003] All ER (D) 327 (Dec)
Bailii, EATn
Employment Rights Act 1996 97
England and Wales
Cited by:
CitedGisda Cyf v Barratt CA 2-Jul-2009
The employer wrote to the employee on 29 November 2006 informing her of her dismissal, the letter arrived on the 30th, and she read it on the 4th of December. The employer appealed against a finding that the effective date of dismissal was the date . .
CitedGisda Cyf v Barratt SC 13-Oct-2010
The parties disputed the effective date of termination of the claimant’s employment. Was it the date on which the letter notifying her was sent, or was it on the day she received it. She had been dimissed without notice, and the date was the date on . .
CitedNewcastle Upon Tyne Hospitals NHS Foundation Trust v Haywood SC 25-Apr-2018
Notice of dismissal begins when received by worker
The court was asked: ‘If an employee is dismissed on written notice posted to his home address, when does the notice period begin to run? Is it when the letter would have been delivered in the ordinary course of post? Or when it was in fact . .

These lists may be incomplete.
Updated: 19 July 2021; Ref: scu.191945