Notice Period Runs From the Day After Notice is Given

The EAT has held in Wang v University of Keele UKEAT/0223/10 that, in the absence of contractual provisions to the contrary, contractual notice of termination runs from the day after notice is given.

The claimant was dismissed and given three months' notice by way of a letter which was e-mailed to him and which he read on 3 November.  He brought a claim for unfair dismissal on 2 May. The Tribunal held that his notice period ran from 3 November to 2 February and that the deadline for bringing a claim was 1 May – this meant that his claim was one day out of time.  On appeal, the EAT held that the notice period runs from the day after notice is served.  So the notice period in the present case ran from 4 November to 3 February and the claim was brought within time.  The EAT clarified that this applies for both written and verbal notice and includes modern methods of communication such as text messages and e-mail.

This is an important reminder to employers that notice starts from the day after notice is given.  The best way to avoid confusion is to expressly state this in employees' written contracts and to specify in termination letters when the notice period will expire.