The Supreme Court has handed down judgment in Newcastle upon Tyne Hospitals NHS Foundation Trust v Haywood [2018] UKSC 22. John Cavanagh KC and Holly Stout appeared for the Trust.

The three judges in the majority (Lady Hale, Lord Wilson and Lady Black) took the view that a notice of termination of employment sent by post only takes effect when the notice has come to the attention of the employee and she has had a reasonable opportunity of reading it. Accordingly, the Trust’s notice in this case only took effect when Mrs Haywood returned from holiday and thus the 12 weeks’ notice period expired after her 50th birthday so that Mrs Haywood was entitled to a full early retirement pension.

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