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The EAT has said contractual notice, whether verbal or written, begins the day after notice is given - and this can determine whether a claim is in time or not.
An unfair dismissal claim must be presented to a tribunal before the end of the three-month period ‘beginning with the effective date of termination’ (S 97 and 111, Employment Rights Act 1996). Where notice is given, this is the date on which the notice expires.
In this case, a university academic received and read a dismissal email from his employer on 3 November 2008, with a letter attached giving him three months’ notice. He later learned he would only be paid up to 2 February 2009. He lodged a tribunal claim on 2 May. The employer contended the claim was one day out of time as his employment had ended on 2 February. The tribunal agreed. If Wang’s employment ended on 2 February, the claim should have been presented on or before 1 May.
Wang appealed. The EAT said notice could not start as soon as he received the dismissal letter, unless the contract specifically provided for this, or Wang had agreed to it. And notice cannot be given in fractions of days. His notice started to run from 4 November, the day following receipt of the email. The fact that Wang was only paid until 2 February was irrelevant. This meant the last date of his employment was 3 February, so his claim was in time.
