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
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.Log in now to read the full article
Don't miss out, start your free trial 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
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.