Notice of Dismissal Runs from the Day after Notice is Given

3.5.2011

Notice of Dismissal Runs from the Day after Notice is Given

In the recent case of Wang v University of Keele UKEAT/0223/10, the Employment Appeals Tribunal (“EAT”) held that contractual notice runs from the day after notice of termination is given to an employee (unless the employee’s contract of employment provides otherwise).  The EAT held that this principle applies to both written and verbal forms of notice.

Dr Wang was employed by the University of Keele (“the University”).  The University sent a letter to Dr Wang (by email and by post) on 3 November 2008, providing him with 3 months’ notice that it was terminating his employment.  The Claimant read the letter on the afternoon of 3 November 2008. 

Dr Wang was advised (both by his union and a solicitor) that he would need to bring a claim of unfair dismissal against the University within three months of the date of his dismissal.  The Claimant was paid by and stopped working at the University on 2 February 2011.  Dr Wang brought a claim of unfair dismissal against the University on 2 May 2011.  

The University asserted that Dr Wang’s employment terminated on 2 February 2011 and that his claim of unfair dismissal had been lodged a day out of time.  The Employment Tribunal agreed with the University and dismissed Dr Wang’s claim of unfair dismissal on the basis. 

On appeal, the EAT confirmed that contractual notice runs from the day after notice of termination is given to an employee (unless the contract of employment provides that such notice is to have immediate effect).  The EAT held the view that it was more practical for time to run from the following day, rather than dealing with fractions of days.

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