If notice of termination is sent by email, does this constitute notice ‘in writing’?

Posted in : First Tuesday Q&A NI on 3 November 2020
Arthur Cox
Arthur Cox
Issues covered: Redundancy; Termination of Employment; Written Notice; Emailed Notice

Although not a statutory requirement, it is usual for employment contracts to state that notice must be given in writing. It is prudent for employment contracts to define what is meant by ‘writing’ to avoid any ambiguity. In circumstances where ‘writing’ is not defined within the contract, the definition under section 46(1) of the Interpretation (Northern Ireland) Act 1954 should be considered.

Section 46(1) defines the terms, ‘writing’ or ‘written’ as: “words…represented or reproduced by any mode of representing or reproducing words in a visible form.” This is a wide definition which seems to suggest that email would be covered. Further, the Law Commission has also given its view that

Already a subscriber?

Click here to login and access the full article.

Don't miss out, register today!

Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.

Help understand the ramifications of each important case from NI, GB and Europe

24/7 access to all the content in the Legal Island Vault for research case law and HR issues

Ensure your organisation’s policies and procedures are fully compliant with NI law

Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors

Already a subscriber, now or Register

This article is correct at 03/11/2020

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Arthur Cox
Arthur Cox

The main content of this article was provided by Arthur Cox. Contact telephone number is 028 9023 0007 or email belfast@arthurcox.com

View all articles by Arthur Cox