Docklands Solicitor

Latest legal news from Docklands Solicitors, Kaslers Solicitors LLP.

Sunday 6 February 2011

 

Employment – effective date of termination

Most employers and many employees know that the employee had 3 months in which to bring a claim in the Employment Tribunal for unfair dismissal and many of the other employment remedies



The 3 months runs from the Effective Date of Termination. When is that, when the employer sends notice of instant dismissal by post?



Is it when the letter is posted? Is it when it arrives? Is it when the employee has had a reasonable opportunity to read the letter? Is it when it is read?



The answer is: when the employee has had a reasonable opportunity to read the letter!



It will be appreciated that this introduces uncertainty. The better course of action is to insist upon a face-to-face interview with the employee and dismiss the employee at that meeting

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Call Michael Breeze on 07900 195 195 or call 0845 270 2511 to if you need legal advise about any of these issues

Kaslers Solicitors LLP is a limited liability partnership registered in England under LLP no. OC310653; authorised and regulated by the Solicitors Regulation Authority under reg no 408936; governed by professional rules set out in the Code of Conduct click here to visit and has its registered office / main trading address at Suite 3, 10 Churchill Square, Kings Hill, West Malling, Kent ME19 4YU - tel: +44 (0)845 270 2511; fax: +44 (0)845 270 2513; DX 92863 West Malling.
The LLP Members are Michael D Breeze LL.B (Hons) (SRA reg no 110184) and Simon McCree Scott LL.B (Hons) (SRA reg no 298202).