In Gisda Cfy V Barrett, Ms Barrett was dismissed by a letter sent to her home address following disciplinary action. The letter was dated the 29/11/06 and sent by recorded delivery. The letter was delivered on the 30/11/06, however Ms Barrett did not open and read the letter until the 04/12/06. A question arose as to whether her employment tribunal claim was presented within the 3 month statutory time limit and this fact hinged on when the effective date of termination was; namely the date she received the letter communicating the dismissal, or the date upon which she read the letter.
The Supreme Court has confirmed that where an employee is dismissed by a letter sent to their home address, rather than in person, providing the employee has not gone away to deliberately avoid receiving the letter or else avoided opening the letter, the effective date of termination is when the letter is read by the employee. This case confirms that the date the letter is written by the employer is irrelevant, or indeed the date it is delivered to the employee is irrelevant.
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