CPA Bulletin

www.cpa.uk.net CPA Bulletin > August 2018 35 Legal NEWS LEGAL: 1 The Supreme Court clarified the position of notification by letter from an employer to an employee notifying them of their termination of employment. The court confirmed the decision adopted by judges in the Employment Appeal Tribunal (EAT), in that the employee’s notice period - outlined in a letter - would not commence from the moment the letter was posted, but instead from the moment the letter was read by the employee. It is based on the idea that notice “must have been communicated or come to the mind of the addressee”. This give clarity and understanding to both the employer and employee, on the employee’s status. The case centred on Mrs Haywood who worked for Newcastle upon Tyne NHS Hospitals NHS Foundation Trust. Under her contract of employment, she was entitled to 12 weeks’ notice, and that the contract also stated that, if her employment was terminated by reason of redundancy on or after her 50th birthday, Mrs Haywood would be entitled to an enhanced early retirement pension. Her employer wrote informing her of her redundancy on the 20th April 2011. They did this in three ways: letter sent by first- class post; letter sent by recorded delivery; and email sent to Mrs Haywood’s husband’s email address. Mrs Haywood was on holiday abroad between the 18th and 27th April. She returned home on the 27th and read the recorded delivery letter. Mrs Haywood’s 50th birthday was on the 20th July 2011. She claimed that she was entitled to the early retirement pension on the basis that her 12 weeks’ notice period did not begin to run until she read the letter on 27th April. The trust argued that the notice period began running on the 21st April, the date that delivery of the recorded letter was attempted. If the trust was correct, the notice period would expire on 15th July, and she would not be entitled to the enhanced pension. Mrs Haywood counter-argued that the commencement of the notice “only when it has actually been received by the employee and the employee has either read or had a reasonable opportunity of reading it”. The Supreme Court following the majority decision of the Court of Appeal, and the decision of the EAT, decided in favour of Mrs Haywood when her notice period began, i.e. the date when she actually read the letter from her employer. The case is a reminder to Members to ensure that the correct notice is given to the employee, and at what point the notice period commences, especially if the employee is going to be away on holiday. Commencement of the Notice Period With the summer we have had so far, most of the country has experienced high temperatures, and with those high temperatures, employers may have received complaints from staff that it is ‘too hot to work’. Contrary to popular belief, employees don’t have the right to go home once the thermometer reaches a certain level - the law only requires an employer to maintain a ‘reasonable’ temperature. If the heat does become a little oppressive in the office or workshop, then the employer could consider carrying out a risk assessment prior to allowing employees to use electric fans or portable air-conditioning units, particularly to those who may be more adversely affected by the hot weather: such as pregnant women or those on medication. Employers may wish to give them more frequent rest breaks and ensure appropriate levels of ventilation. Employees who are working outside should wear appropriate clothes and use sunscreen to protect from sunburn. Other factors to consider are reminding employees to stay hydrated. Employers must provide suitable drinking water in the workplace. Plenty of water should be drunk throughout the day to prevent dehydration, so it is advisable not to wait until they are thirsty. Employers may wish to relax the organisation’s dress code requirements, i.e. suggest a moratorium for gentlemen to wear suits and ties. By following these processes, the employer is actively taking steps to alleviate working conditions; and if the assessment is safe, then staff will be able to work in a more productive environment. Working in High Temperatures