Source: All England Reporter
Publisher Citation: [2017] All ER (D) 170 (Mar)
Neutral Citation: [2017] EWCA Civ 153
Court: Court of Appeal, Civil Division
Judge:

Arden, Lewison LJJ and Proudman J

Representation Holly Stout (instructed by Samuel Phillips) for the employer.
  Tom Brown (instructed by Irwin Mitchell LLP) for H.
Judgment Dates: 17 March 2017

Catchwords

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, .

The Case

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.

Practice Areas

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