What must a dismissal notice say and how must it be given for the dismissal to have effect against the worker?
General information · Not legal advice
Material to check
In a practice file of this kind, we look at the letter or document the employer sent the worker, checking what it says about the reasons for dismissal and about when the dismissal takes effect, and how that document was delivered to the worker.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading follows the provision in two steps: the employer who wishes to dismiss a worker must notify the worker of the reasons for the dismissal and the time of the dismissal in writing, and the dismissal is effective only if it has been notified in writing in this way.
Another reading notes the proviso-equivalent sentence: where the employer has given advance notice of dismissal in the manner the provision on advance notice of dismissal prescribes, in writing and expressly stating the reasons for the dismissal and the time of dismissal, that advance notice is treated as the notice required by the first paragraph, so the same document can serve both purposes.
Your judgment
If a document states the reasons for dismissal but says nothing about when the dismissal takes effect, what in the file could show whether the worker was told the time at all?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change what the written notice must contain or how it must be delivered, or if a court decision explains what satisfies the requirement to state the time of dismissal.