Dismissed over COVID-19 vaccination: email notification timing saves unfair dismissal claim
A part-time Fundraising Assistant was dismissed for not being vaccinated against COVID-19, but a tribunal ruled her unfair dismissal claim was in time because she only read the dismissal letter on 23 December 2021, not when it was first sent.
2 min read · Last updated 18 May 2026
Case details
- #covid-vaccination
- #medical-exemption
- #effective-date-of-termination
- #email-notification
- #acas-early-conciliation
Key facts
- The claimant was employed as a part-time Fundraising Assistant from 15 September 2013.
- The claimant was dismissed in December 2021 due to not being vaccinated against COVID-19 and lacking a valid medical exemption.
- The respondent sent a dismissal letter by email on 2 December 2021, but the claimant did not receive it in her inbox.
- The claimant first saw the dismissal letter on 23 December 2021 when she read an email from 17 December 2021 with 19 attachments.
- The claimant contacted ACAS on 11 March 2022 and presented her claim on 18 March 2022.
- The tribunal found the effective date of termination was 23 December 2021, making the claim within the time limit.
Timeline
-
Employment commenced
The claimant started working as a part-time Fundraising Assistant for the respondent.
-
COVID-19 vaccination regulations approved
Parliament approved regulations requiring care home staff to be vaccinated against COVID-19 unless medically exempt.
-
Claimant raised concerns
The claimant emailed the respondent about the vaccination requirement.
-
Informal meeting
The claimant attended an informal meeting to discuss her concerns about vaccination.
-
Respondent warned of potential dismissal
The respondent wrote to the claimant noting that failure to be vaccinated or provide a medical exemption could lead to termination.
-
Meeting to discuss vaccination status
A meeting was held to address the claimant's vaccination status and her grievance.
-
Grievance not upheld
The respondent emailed the claimant that her grievance was not upheld and invited her to a formal meeting about ending her employment.
-
Formal meeting
A formal meeting was held where the possibility of retaining the claimant until 24 December 2021 was discussed.
-
Respondent's ultimatum
The respondent emailed the claimant, giving her until 26 November 2021 to provide a self-certification form or face dismissal.
-
Dismissal letter sent
The respondent sent an email with a dismissal letter dated 2 December 2021, stating the last day of employment was 3 December 2021.
-
Dismissal letter re-sent as attachment
The respondent emailed the claimant 19 documents for her appeal, including the dismissal letter as an attachment.
-
Claimant read dismissal letter
The claimant read the email of 17 December 2021 and its attachments, including the dismissal letter, for the first time.
-
Appeal meeting
The claimant's appeal against dismissal was considered at a meeting.
-
ACAS early conciliation started
The claimant contacted ACAS to begin early conciliation.
-
Claim presented
The claimant presented her ET1 claim form to the tribunal.
The legal issue
The tribunal had to decide the effective date of termination (EDT) for an employee who was dismissed by email but did not read the message until later. The EDT determines the deadline for bringing an unfair dismissal claim.
The outcome
The tribunal ruled that the claimant's unfair dismissal claim was presented in time. The EDT was 23 December 2021, when she actually read the dismissal letter attached to an email, not 3 December 2021 as the employer argued. This meant her ACAS early conciliation started on 11 March 2022 and claim on 18 March 2022 were within the three-month limit.
No compensation was awarded at this stage as the hearing only dealt with jurisdiction. The substantive unfair dismissal claim will proceed to a full merits hearing.
Lessons & takeaways
- The effective date of termination can be later than the date an employer sends a dismissal letter if the employee does not receive or read it until a later date.
- Employers should ensure dismissal communications are actually received by the employee, as the timing can affect the deadline for bringing a claim.
- Employees should check all emails and attachments promptly, but if they miss a dismissal notice, the date they become aware of it may count as the termination date.
- ACAS early conciliation must be started within the time limit, but the clock starts from the effective date of termination, not the date of dismissal.
What this case shows in practice
This case highlights a common pitfall in modern employment: the gap between sending a dismissal letter by email and the employee actually reading it. The claimant, a part-time Fundraising Assistant with eight years' service at The College of St Barnabas, was dismissed in December 2021 because she was not vaccinated against COVID-19 and lacked a valid medical exemption. The employer emailed her a dismissal letter on 2 December 2021, but she did not see it in her inbox. She only became aware of the dismissal on 23 December 2021 when she opened an email from 17 December 2021 that contained 19 attachments, including the dismissal letter.
The tribunal had to decide whether her unfair dismissal claim was filed in time. The employer argued the effective date of termination was 3 December 2021, making her claim (presented on 18 March 2022) out of time. The claimant argued it was 23 December 2021, when she first read the letter. The tribunal agreed with the claimant, noting that the employer had not ensured the email was received and that the claimant had no reason to check the attachments earlier.
What the losing side could have done differently
The employer could have avoided this jurisdictional dispute by ensuring the dismissal letter was actually received. Sending a follow-up email or using a delivery receipt might have alerted them that the claimant had not opened the message. Alternatively, they could have posted the letter or delivered it in person. The tribunal's decision turned on the fact that the claimant did not read the email until 23 December, and there was no evidence she had deliberately avoided it.
Why the result matters for similar claims
This case is a reminder that the effective date of termination is not always the date an employer sends a dismissal communication. For employees, it means that if you miss a dismissal email, the clock may start later. For employers, it underscores the importance of ensuring that dismissal notices are actually communicated to the employee. The decision also shows that tribunals will look at the facts carefully, especially when the employee's role involves part-time or remote work where email access may be limited.
Similar cases
Dismissed by email: a day's delay that cost the claim
A former employee's unfair dismissal claim was thrown out because he contacted ACAS two days after the three-month deadline, even though he read his dismissal email the day after it was sent.
Unfair dismissal claim struck out after ACAS application filed one day late
A former employee's unfair dismissal claim against Abellio London Limited was struck out because his ACAS early conciliation application was submitted one day after the three-month deadline. The tribunal found no reason to extend time.
Self-employed sales director's unfair dismissal claim dismissed as out of time
A sales director who provided services as a self-employed worker was dismissed by telephone in July 2020. The tribunal ruled his unfair dismissal claim was presented too late and he was not an employee.
Constructive dismissal claim fails over effective date of termination and ACAS document admissibility
A Sales Support Coordinator's constructive unfair dismissal claim was dismissed after the tribunal ruled the effective date of termination was her resignation date, making ACAS early conciliation documents irrelevant and inadmissible.