Gisda Cyf v Barratt
Encyclopedia
Gisda Cyf v Barratt [2010] UKSC 41 is a UK labour law case, concerning unfair dismissal
governed by the Employment Rights Act 1996
.
Bean J in the Employment Appeal Tribunal held it was within time, because the principle in The Brimnes
could not be adapted to the employment law context. Mummery LJ in the Court of Appeal agreed.
section 97 is part of an employees’ charter of rights, about which people must be properly informed, that the employer’s communication of dismissal was ineffective until Miss Barratt was actually told. Starting by reference to the judgments of the courts below, Lord Kerr said the following.
Unfair dismissal
Unfair dismissal is the term used in UK labour law to describe an employer's action when terminating an employee's employment contrary to the requirements of the Employment Rights Act 1996...
governed by the Employment Rights Act 1996
Employment Rights Act 1996
The Employment Rights Act 1996 is a United Kingdom Act of Parliament passed by the Conservative government to codify the existing law on individual rights in UK labour law. Previous statutes, dating from the Contracts of Employment Act 1963, included the Redundancy Payments Act 1965, the...
.
Facts
Gisda Cyf employed Ms Barratt. On 30 November 2006 a letter was sent to her that she was being summarily dismissed for gross misconduct, apparently misconduct at a private party, ‘witnessed by one of the company’s service users’. She had been given a disciplinary hearing, and then told she would hear by post. Ms Barratt was visiting her sister who was giving birth, and did not open the letter until 4 December. She appealed through the charity’s internal procedure, and that was dismissed. Then she filed an unfair dismissal claim for sex discrimination on 2 March 2007. Was it in the 3 month time limit?Bean J in the Employment Appeal Tribunal held it was within time, because the principle in The Brimnes
The Brimnes
Tenax Steamship Co v Owners of the Motor Vessel Brimnes [1974] is an English contract law case on agreement. It decided that communication of withdrawal of an offer by telex is effective when it could be read, rather than when it is in fact read....
could not be adapted to the employment law context. Mummery LJ in the Court of Appeal agreed.
Judgment
Lord Kerr for the Supreme Court (Lord Hope, Lord Saville, Lord Walker and Lady Hale) held that because the Employment Rights Act 1996Employment Rights Act 1996
The Employment Rights Act 1996 is a United Kingdom Act of Parliament passed by the Conservative government to codify the existing law on individual rights in UK labour law. Previous statutes, dating from the Contracts of Employment Act 1963, included the Redundancy Payments Act 1965, the...
section 97 is part of an employees’ charter of rights, about which people must be properly informed, that the employer’s communication of dismissal was ineffective until Miss Barratt was actually told. Starting by reference to the judgments of the courts below, Lord Kerr said the following.
See also
- 2010 Judgments of the Supreme Court of the United Kingdom2010 Judgments of the Supreme Court of the United KingdomThis is a list of the judgments given by the Supreme Court of the United Kingdom in 2010 and statistics associated therewith. Since the Supreme Court began its work on 1 October 2009, this year was its first full year of operation. In total, 58 cases were heard in 2010.The table lists judgments...
- UK labour law