Legislation update: Employee dismissals

Miss Barratt worked for Gisda Cyf. She attended a disciplinary meeting on Tuesday 28 November. At the end of the meeting she was told to go home and that she could expect to receive a letter concerning possible dismissal on Thursday 30 November. Miss Barratt was not at home from Wednesday 29 November until the evening of Sunday 3 December. Gisda Cyf sent a letter by recorded delivery which arrived at Miss Barratt’s house on Thursday 30 November. The letter was signed for, but not by Miss Barratt as she was not at home. Miss Barratt phoned home whilst she was away but did not ask whether or not a letter from her employer had arrived. Miss Barratt did not open or read the letter until the morning of Monday 4 December. Miss Barratt subsequently issued a claim for unfair dismissal against Gisda Cyf. An issue arose as to whether Miss Barratt had brought her claim within the 3 month deadline for unfair dismissal claims. If the date of her dismissal had been 30 November, then her claim would have been out of time. However, if her dismissal did not take place until 4 December, then her claim was in time.