When Does Contractual Notice Commence?

In the recent case of Wang v University of Keele, the EAT held that, unless the contract provides otherwise, contractual notice, whether it is oral or written, runs from the day after notice is given. The situation is different where, as in Gisda Cyf v Barratt (which we reported on in October 2010), an employee is summarily dismissed. Then, the effective date of termination is when the employee has knowledge that they have been given notice of termination.

The background

Dr Wang, a university academic, received an email giving him three months' notice of termination but the email did not state the termination date. Dr Wang read the email on 3 November 2008. A letter, which stated that he would only be paid up until 2 February 2009, was sent to him by post. The earlies the could have received this letter was 4 November 2008.