In this case the Supreme Court held by a majority that in the absence of an express contractual provision, a written notice of termination served by an employer does not take effect until the employee has read it or had a reasonable opportunity of doing so.

Mrs Haywood worked for the NHS Trust for a number of years. Her contract of employment provided a minimum notice period of 12 weeks by either party. The Trust subsequently notified Mrs Haywood that her position was to be made redundant.

If her employment terminated by way of redundancy on or after her 50th birthday she would be entitled to claim a non-actuarially reduced early retirement pension (at a cost of approximately £250,000). If terminated before that date, she would not.

At a meeting to discuss her redundancy situation, Mrs Haywood informed her employer that she had booked a two week holiday to Egypt from 19th to 27th April with her husband. This period of annual leave was noted on record. On 20th April the Trust issued a written notice of termination to Mrs Haywood on grounds of redundancy. This notification letter was sent by email, by recorded delivery and by ordinary first class post.

The Court had to determine when notice was deemed effective – Was it when the letter was delivered by post; when it arrived at the chosen address; or when it came to the attention of the employee and s/he had read it (or had a reasonable opportunity to do so).

Mrs Haywood did not have an opportunity to read the letter until the morning of the 27th April. She argued that her 12 weeks’ notice did not begin to run until that date (when she received and read the letter) and therefore expired on 20th July (her 50th birthday) meaning she was entitled to the early retirement pension.

HHJ Raeside QC found in favour of the respondent, on the grounds that notice had only been given once she had actually read a letter of dismissal on 27 April 2011, so that the contents were communicated to her. The Court of Appeal dismissed the appellant’s appeal.

The case highlights that employers should provide express provision for when notice will take effect.

“There is nothing to prevent the parties to a contract of employment from making express provision, both as to how notice may or must be given and for when it takes effect, as happened in Geys v Société Générale, London Branch [2012] UKSC 63”.
https://www.supremecourt.uk/cases/docs/uksc-2017-0074-judgment.pdf

Watch President of the Supreme Court, Lady Hale, delivery a summary of the judgment:
https://www.youtube.com/watch?v=qUnIPVvWjn4

N.B In Northern Ireland time starts running the day after the effective date of termination.