Gisda Cyf V Barratt
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''Gisda Cyf v Barratt'' UKSC_41
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is a UK labour law case, concerning unfair dismissal governed by the
Employment Rights Act 1996 The Employment Rights Act 1996 (c. 18) is a United Kingdom Act of Parliament passed by the Conservative government to codify existing law on individual rights in UK labour law. History Previous statutes, dating from the Contracts of Employmen ...
.


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 A party is a gathering of people who have been invited by a host for the purposes of socializing, conversation, recreation, or as part of a festival or other commemoration or celebration of a special occasion. A party will often featur ...
, ‘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. Bean J in the Employment Appeal Tribunal held it was within time, because the principle in ''
The Brimnes ''Tenax Steamship Co v Owners of the Motor Vessel Brimnes'' 974EWCA Civ 15is an English contract law case on agreement in English law">agreement. It decided that communication of withdrawal of an offer by telex is effective when it ''could'' be ...
'' could not be adapted to the employment law context.
Mummery LJ Sir John Frank Mummery, DL (born 5 September 1938) is a former Lord Justice of Appeal and is President of the Investigatory Powers Tribunal and a member of the Court of Ecclesiastical Causes Reserved in the UK. Education Mummery attended Dove ...
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 1996 The Employment Rights Act 1996 (c. 18) is a United Kingdom Act of Parliament passed by the Conservative government to codify existing law on individual rights in UK labour law. History Previous statutes, dating from the Contracts of Employmen ...
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

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2010 Judgments of the Supreme Court of the United Kingdom This is a list of the judgments given by the Supreme Court of the United Kingdom in 2010 and statistics associated thereupon. Since the Supreme Court began its work on 1 October 2009, this year was its first full year of operation. In total, 58 cas ...
*
UK labour law United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equit ...


Notes

{{reflist, 2


References

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External links


Gisda's homepage
United Kingdom labour case law Supreme Court of the United Kingdom cases 2010 in case law 2010 in British law United Kingdom employment contract case law