Newcastle upon Tyne Hospitals NHS Foundation Trust (Appellant) v Haywood (Respondent) [2018]

Posted In: Case Law
  • Case Reference
    UKSC 22
  • Legal Body
    Uk Supreme Court (UKSC)
  • Type of Claim / Jurisdiction
    Redundancy, Contracts of Employment
Issues covered: Notice of Termination; Date of Effect; Contract of Employment; Redundancy; Entitlement to Early Retirement Pension

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).

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This article is correct at 26/04/2018

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