Latest in Employment Law>Articles>If notice of termination is sent by email, does this constitute notice ‘in writing’?
If notice of termination is sent by email, does this constitute notice ‘in writing’?
Published on: 03/11/2020
Issues Covered: Redundancy
Article Authors The main content of this article was provided by the following authors.
Johanna Cunningham
Johanna Cunningham

Although not a statutory requirement, it is usual for employment contracts to state that notice must be given in writing. It is prudent for employment contracts to define what is meant by ‘writing’ to avoid any ambiguity. In circumstances where ‘writing’ is not defined within the contract, the definition under section 46(1) of the Interpretation (Northern Ireland) Act 1954 should be considered.

Section 46(1) defines the terms, ‘writing’ or ‘written’ as: “words…represented or reproduced by any mode of representing or reproducing words in a visible form.” This is a wide definition which seems to suggest that email would be covered. Further, the Law Commission has also given its view that electronic documents viewed on a screen will satisfy the requirement for 'writing'.

Taking into account the statutory definition of ‘writing’ and the Law Commission’s view, it would be difficult to argue that notice of termination sent via email is invalid.

Continue reading

We help hundreds of people like you understand how the latest changes in employment law impact your business.

Already a subscriber?

Please log in to view the full article.

What you'll get:

  • Help understand the ramifications of each important case from NI, GB and Europe
  • Ensure your organisation's policies and procedures are fully compliant with NI law
  • 24/7 access to all the content in the Legal Island Vault for research case law and HR issues
  • Receive free preliminary advice on workplace issues from the employment team

Already a subscriber? Log in now or start a free trial

Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 03/11/2020