||All England Reporter
|| All ER (D) 170 (Mar)
|| EWCA Civ 153
||Court of Appeal, Civil Division
Arden, Lewison LJJ and Proudman J
||Holly Stout (instructed by Samuel Phillips) for the employer.
||Tom Brown (instructed by Irwin Mitchell LLP) for H.
||17 March 2017
Redundancy - Dismissal by reason of redundancy - Termination of contract of employment - Pension entitlement - Employee being informed of termination by letter - Issue arising as to when information being communicated to employee - Whether posting of letter of dismissal sufficient - Whether letter to arrive at home of recipient or whether letter to be read before it communicated - NHS Pension Scheme Regulations, .
Redundancy Dismissal by reason of redundancy. The Court of Appeal, Civil Division dismissed an appeal by the employer NHS Trust against a decision that the employee was entitled to pension at a higher rate on the basis of the date of the termination of her contract of employment. The court held that the letter of dismissal had to be actually communicated to the employee before it took effect and that was when she opened the letter and read the contents.
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