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 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
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