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England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Newcastle Upon Tyne NHS Foundation Trust v Haywood [2017] EWCA Civ 153 (17 March 2017)
URL: http://www.bailii.org/ew/cases/EWCA/Civ/2017/153.html
Cite as: [2017] ICR 1370, [2017] EWCA Civ 153, [2017] WLR(D) 206
[New search] [View without highlighting] [Printable RTF version] [View ICLR summary: [2017] WLR(D) 206] [Buy ICLR report: [2017] ICR 1370] [Help]
Strand, London, WC2A 2LL
B e f o r e :
|- and -
Tom Brown (instructed by Irwin Mitchell LLP) for the Respondent
Hearing dates: 14 and 15 February 2017
Crown Copyright ©
Mrs Justice Proudman :
(a) declared that the appellant employed the respondent up to and including 20 July 2011 (her 50th birthday),
(b) Ordered the appellant to ensure that the respondent would be paid a pension under Regulation E3 National Health Service ("NHS") Regulations 1995, pay her the arrears of that pension and the five days pay which it had not previously paid,
(c) Stayed the order pending this court's determination of permission to appeal,
(d) Ordered the appellant to pay the appellant's reasonable costs, the costs of the hearing on 14 May 2015 and make a £45,000 interim payment, and
(e) Refused the appellant's application for permission to appeal.
(a) The Organisational Change Policy was discussed,
(b) The fact that no final decision on redundancy had been taken was stated,
(c) Two alternative Directorate Management jobs were apparently offered to the respondent, both of which she initially rejected, because they were banded at 8c, because she did not report directly to the board, because the breadth of responsibility and accountability which her then current role had was, in the respondent's view, not comparable and because she would suffer a drop in pay, and accordingly, pension.
(d) The respondent said that she would be entitled to an NHS pension of about £200,000 if she was made redundant after 20 July 2011,
(e) It was accepted that the respondent was entitled to 12 weeks' notice,
(f) The respondent said that she was on annual leave from 19 April until 3 (or, according to [10] of her witness statement dated 21 August 2013) 5 May 2011. She also said in her witness statement that she said that she would be on holiday in Egypt from 19-26 April 2011 (but this does not appear to have been the case),
(g) The respondent accepted that her post was redundant,
(h) The respondent asked that no decision would be made in her absence but Miss Fawcett, and by implication Mrs Dragone, did not agree to this.
The dismissal
"I did not confirm with Mrs Haywood the dates she was actually in Egypt. We were not aware at the time that Mrs Haywood had pre-booked annual leave but I am now aware from Mrs Haywood's annual leave card that she pre-booked her annual leave from 18th to 28th April 2011."
"I take that evidence to indicate the date of the 3rd which is recorded in Mrs Haywood's note".
(i) The rules of common law- the contractual right to terminate- (discussed but not decided in Gisda Cyf v. Barratt [2010] UKSC 41) but applied in a different context in Societe Generale, London Branch, v. Geys [2012] UKSC 63.
(ii) An employee's statutory rights under the Employment Rights Act 1996 ("ERA").
"It seems to us perfectly clear, as a matter of general principle, that before a contract of employment can be terminated there must have been communication by words, or by conduct, such as to inform the other party that it is indeed at an end."
"It seems to us that as a matter of principle, unless compelled to take a different view, the doctrine of constructive or presumed knowledge has no place in the private rights of parties to contracts of employment, and questions as to whether a dismissal has been communicated or not, save in an evidential sense only. That is, in the sense that, an industrial tribunal, when examining whether a dismissal has been communicated to an employee, will be likely to assume that letters usually arrive in accordance with the normal course of post; and that people are to be taken, normally, as opening their letters promptly after they have arrived at their place. But it is to be emphasised that we are dealing with the private rights of parties to a private contract. We are not dealing with rules which govern the service of formal documents, where there may well be room for what is effectively a form of presumed or constructive knowledge. It seems to us that there is no juridical basis for seeking to import technical 'service' rules into the private rights of parties to a contract of service or for personal services."
"It is one thing to say that the owners or charterers of a ship [as in The Brimnes [1975] 1 QB 929], or similar large commercial concerns, must be taken to receive and read documents sent to them during normal business hours. It is quite another thing to say that the same principle of constructive knowledge should apply to individuals to whom a letter is sent at their home address. What of the person who lives alone and goes on holiday? What of the commercial traveller? What of the student who lives at University during term time and at the family home in the holidays? What of the individual fortunate enough to have a second home to which he or she goes at weekends? There is no principle equivalent to that enunciated in The Brimnes that an individual is expected to be at home to receive and open the post when it arrives or in the evening when he or she gets home, or that some arrangement must be made for someone else to open what may well be confidential correspondence in the recipient's absence."
"I have no doubt that the service of the notice was sufficient were it to be held otherwise, a landlord would have no means of determining a tenancy, if his tenant happened to be absent from his house at the time when it was necessary to serve the notice."
" if you have to deliver a bill of costs to a party to bring him within the summary remedy given by the statute, the service of a bill of costs on that servant would not be good. But that is a personal matter, which is wholly different, in the nature of things from a notice to quit served on the demised premises, being left at the house, which is part of the demised premises, where the tenant is actually residing at the time."
"Based upon considerations mainly of business efficacy, there is a long-standing presumption in our law that a letter, duly addressed, pre-paid and posted, which is not returned to the sender has in fact been received by the addressee- unless he can establish the contrary. The usefulness of a presumption of this kind would be destroyed if the addressee could nevertheless be heard to say: "Although I received the postal packet quite safely, I did not read the contents," or "I did not examine the postal packet to see that I had extracted all that it contained." In this case there is no challenge to the evidence that it reached him."
Cross LJ doubted whether it was necessary for the tenant to have seen the letter, but held that in any event the tenant had seen the letter.
"the extraordinary and mischievous consequences that would follow if it were held that an offer might be revoked at any time until the letter accepting it had been actually received."
"Then what more could the owners' agents in the present case reasonably have been expected to do, than they did?"
And Megaw LJ said (at p.966-7),
"I think the principle which is relevant is this: if a notice arrives at the address of a person to be notified, at such a time and by such a means of communication that it would in the normal course of business come to the attention of that person on its arrival, that person cannot rely on some failure of himself or his servants to act in a normal businesslike manner in respect of taking cognisance of the communication so as to postpone the effective time of the notice until some later time when it in fact comes to his attention."
In The Brimnes it was said (by Edmund Davies LJ at p. 944-946) that the rule in Scarf v. Jardine (1881-2) 7 App Cas 345 (requiring actual notice that a partnership has been dissolved) does not have universal application.
Contractual principles
"regardless of whether or not the employee was there at the time or later on that day, or did not see the letter, for whatever reason, until a later date
the letter was effective to bring the contract to an end on the day on which it was delivered to the employee's address".
"it might not be irrelevant for the employer to have known, for example, that the employee would not be at the relevant address at the time when the letter might be expected to be delivered."
Express term: Ground 1 of the Grounds of Appeal
Unless there is mutual agreement that a different period should apply, this employment may be terminated by you or [the appellant] by the notice period as set out in Section 1, subject to [the appellant] giving you the minimum statutory period of notice as follows:
For staff with 4 weeks or more but less than two years continuous service 1 week
For staff with 2 years or more continuous service 1 week per complete year of continuous service subject to a maximum of 12 weeks.
There is no entitlement to notice in the event of summary dismissal. Should you leave without giving proper notice and without the agreement of your manager, [the appellant] reserves the right to not pay you for each day not worked during the notice period."
"Clause 19 of the contract has two separate sentences to it, or can be divided into two separate parts. The first part refers to notice being given by either the employer or employee; and the second part is referable only to the employer. I pick that up from the express words in clause 19 in which it says: 'Subject to [the appellant] giving you the minimum statutory period of notice as follows'. It therefore follows that express term, that it is for the NHS to give Mrs Haywood notice and therefore meaning has to be given to those words that they must 'give you' notice. What they are required to do as far as this is concerned, is give that twelve weeks' notice. That fixes the period of time, but the express term is 'give you' notice. To give someone notice, construing this as an express term, indicates that they must of course achieve that end and therefore give something to them."
"Where an Act authorises or requires any document to be served by post (whether the expression "serve" or the expression "give" or "send" or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post."
But it only applies to a statutory requirement so I do not consider that it helps in this case, which is entirely contractual.
Ground 2: Implied term
"[45] Amid the welter of case law and academic commentary upon the subjects of both wrongful and unfair dismissal, there appears to be remarkably little discussion of the requirements for a lawful dismissal under the terms of the employment contract. Ever since indefinite terms of employment became the norm, the courts have implied a term that either party may bring it to an end by giving notice: see Deakin & Morris, Labour Law, 6th ed (2012), paras 5.13, 5.14. In 1963, statute intervened to lay down minimum periods of notice to which the employee is entitled and a lesser period to which the employer is entitled: see now, the Employment Rights Act 1996, sections86 et seq. But the parties are, of course, free to provide expressly in their contracts for longer periods of notice
[46] Statute is, however, silent as to the manner in which such notice is to be given
[55] it is important to distinguish between two different kinds of implied terms. First, there are those terms which are implied into a particular contract because, on its proper construction, the parties must have intended to include them: see Attorney General of Belize v Belize Telecom Ltd [2009] 1 WLR 1988. Such terms are only implied where it is necessary to give business efficacy to the particular contract in question. Second, there are those terms which are implied into a class of contractual relationship, such as that between landlord and tenant or between employer and employee, where the parties may have left a good deal unsaid, but the courts have implied the term as a necessary incident of the relationship concerned, unless the parties have expressly excluded it: see Lister v Romford Ice and Cold Storage Co Ltd [1957] AC 555, Liverpool City Council v Irwin [1977] AC 239
[57] it seems to me to be an obviously necessary incident of the employment relationship that the other party is notified in clear and unambiguous terms that the right to bring the contract to an end is being exercised, and how and when it is intended to operate. These are the general requirements applicable to notices of all kinds, and there is every reason why they should also be applicable to employment contracts. Both employer and employee need to know where they stand. They both need to know the exact date upon which the employee ceases to be an employee. In a lucrative contract such as this one, a good deal of money may depend upon it. But even without that, there may be rights such as life and permanent health insurance, which depend upon continuing to be in employment. In some contracts there may also be private health insurance. A person such as the claimant, going on holiday over Christmas and the New Year, needs to know whether he should be arranging these for himself. At the other end of the scale, an employee who has been sacked needs to know when he will become eligible for state benefits."
Waiver by mutual agreement: Ground 3 of the Grounds of Appeal
Waiver by election: Ground 4 of the Grounds of Appeal
Waiver by estoppel: Ground 5 of the Grounds of Appeal
(a) The representor has knowledge of facts giving rise to legal rights,
(b) He or she acts in a manner inconsistent with anything other than waiving that right and
(c) The representee relies on the first party's actions in circumstances where it would be inequitable for the representor to enforce his legal rights inconsistently with the representation.
Certification under Regulation E3 of the NHS Pensions Regulations 1995 (of refusal to seek/accept suitable alternative employment); Ground 6
(a) The letter of dismissal had to be actually communicated to the employee before it took effect. Accordingly, the respondent was entitled to receive her pension at the higher rate as there was no communication before 27 April and thus notice did not expire before her 50th birthday.
(b) The other grounds of appeal, waiver by mutual agreement, waiver by estoppel and that the appellant would have lawfully made a declaration under Regulation E3 of the NHS Pensions Regulations 1995, also fail.
Lord Justice Lewison:
"Unless there is mutual agreement that a different period should apply, this employment may be terminated by you or [the Trust] by the notice period as set out in Section 1, subject to [the Trust] giving you the minimum statutory period of notice as follows:
For staff with 4 weeks or more but less than two years continuous service 1 week
For staff with 2 years or more continuous service 1 week per complete year of continuous service subject to a maximum of 12 weeks.
There is no entitlement to notice in the event of summary dismissal.
Should you leave without giving proper notice and without the agreement of your manager, [the Trust] reserves the right to not pay you for each day not worked during the notice period."
i) By what means did the Trust attempt to give notice to terminate Mrs Haywood's employment?
ii) Was any of those means successful in doing so before 27 April 2011 (12 weeks before her 50th birthday)?
iii) If not, is Mrs Haywood now precluded from taking that point, either because she has elected to treat her employment as having been effectively terminated or because she is estopped from doing so?
"The primary function of a first instance judge is to find facts and identify the crucial legal points and to advance reasons for deciding them in a particular way. He should give his reasons in sufficient detail to show the parties and, if need be, the Court of Appeal the principles on which he has acted and the reasons that have led him to his decision. They need not be elaborate. There is no duty on a judge, in giving his reasons, to deal with every argument presented by counsel in support of his case. His function is to reach conclusions and give reasons to support his view, not to spell out every matter as if summing up to a jury." (Fage UK Ltd v Chobani UK Ltd [2014] EWCA Civ 5; [2014] ETMR 26 at [115])
i) Sent to her at home by recorded delivery
ii) Sent to her at home by ordinary post and
iii) Sent by e-mail to her husband's e-mail address.
"I wish to confirm that by way of this letter I am issuing you with 12 weeks notice that you will be dismissed by reason of redundancy on Friday 15th July 2011."
"Delivery of a recorded delivery letter is, however, different. Delivery cannot, in the ordinary course of post, be effected unless someone signs a receipt. If no one is available to sign or is willing to sign a receipt, delivery will not be effected. I do not see how "the time at which the letter would in the ordinary course be delivered" can be held to be a time when the postman would, in accordance with his standing instructions, be bound to withhold delivery. Delivery in the ordinary course of post requires, where recorded delivery letters are concerned, an available recipient; it cannot take place at a time when there is no available recipient."
"Where a letter, fully and particularly directed to a person at his usual place of residence, is proved to have been put into the post-office, this is equivalent to proof of a delivery into the hands of that person; because it is a safe and reasonable presumption that it reaches its destination "
"If a letter is sent by the post, it is prima facie proof, until the contrary be proved, that the party to whom it is addressed received it in due course."
"The relevant language here is, "The said option shall be exercised by notice in writing to the intending vendor ," a very common phrase in an option agreement. There is, of course, nothing in that phrase to suggest that the notification to the defendant could not be made by post. But the requirement of "notice to," in my judgment, is language which should be taken expressly to assert the ordinary situation in law that acceptance requires to be communicated or notified to the offeror, and is inconsistent with the theory that acceptance can be constituted by the act of posting,"
"The time of delivery in the ordinary course of post could not depend on whether or not the premises to which the letter was addressed were, when the postman arrived, occupied or empty."
" were it to be held otherwise, a landlord would have no means of determining a tenancy, if his tenant happened to be absent from his house at the time when it was necessary to serve the notice."
"If a notice to quit was left at the dwelling-house of a landlord and he was abroad, that would be sufficient to determine the tenancy."
"As this letter was posted in London between nine and ten o'clock in the morning, the probability is that it arrived immediately after the agent left his chambers. Indeed it is possible that it may have arrived in the due course of post, but by some accident was overlookedeither not delivered by the servant to the clerk or in some way mislaid. Besides it did not appear that it was not delivered before seven o'clock in the evening; and the jury considered that the agent ought to have had some one in his chambers at that time. A notice so sent must be considered as having reached the agent in due time, and the same consequences must result as if he had actually been there and received it. In my opinion the finding of the jury was right, and the notice was delivered at the agent's place of business in sufficient time to inform him, if he had been there, that the tenancy was to be determined at the time specified." (Emphasis added)
"If the landlord has once done that which the law throws upon him the obligation to do, his rights consequent upon having performed that legal duty ought not to be affected in any manner whatever by that which is done by his antagonist, upon whom the notice has been served. It would be an idle thing to say that a landlord serving a notice in due manner according to law, is to be deprived of the benefit of what he has done by the wilful act of the servant of the tenant, or by the incapacity of that servant, or by any accident that may befall the notice after it has been received in the dwelling-house of the tenant on whom it was served." (Emphasis added)
"In any case, I do not think that a tenant can avoid the effects of a notice like this which is properly sent by registered post to him by saying that he did not take it out of the envelope or read it. Obviously, he would not get out of it by saying that he destroyed the envelope without opening it. Nor does he do so by saying that he did not read it."
"Based upon considerations mainly of business efficacy, there is a long-standing presumption in our law that a letter, duly addressed, prepaid and posted, which is not returned to the sender has in fact been received by the addresseeunless he can establish the contrary. The usefulness of a presumption of this kind would be destroyed if the addressee could nevertheless be heard to say: "Although I received the postal packet quite safely, I did not read the contents," or "I did not examine the postal packet to see that I had extracted all that it contained.""
"if a notice arrives at the address of the person to be notified, at such a time and by such a means of communication that it would in the normal course of business come to the attention of that person on its arrival, that person cannot rely on some failure of himself or his servants to act in a normal businesslike manner in respect of taking cognisance of the communication so as to postpone the effective time of the notice until some later time when it in fact came to his attention."
"What if the letter had been delivered through the letter-box of the house in due time, but the defendant had either deliberately or fortuitously not been there to receive it before the option period expired? This does not persuade me that the artificial posting rule is here applicable. The answer might well be that in the circumstances the defendant had impliedly invited communication by use of an orifice in his front door designed to receive communications."
"The defendants also rely on the unusual feature of this case that the person who physically got the notice, and indeed who destroyed it, was the very person who sent it, namely Mrs. Johnson. It can be said to be one thing for a sender to be entitled to assume that he has given a notice to the addressee if he serves at the property, even if a third party picked up the notice and filed it away or destroyed it: as between the sender and the addressee, one can see good policy reasons as to why such a risk, like the possibility of the dog eating the notice, should be that of the addressee and not that of the sender. However, there is obviously a powerful argument for saying that the position should surely be different where it is the sender herself who has picked up the notice and filed it away or destroyed it." (Emphasis added)
"[27] I agree with Mr Blaker's submission. Clearer and specific words would have been required if it had been intended that the service on the tenant, contemplated by the opening words of the Schedule, was not effected until the tenant himself, or his authorised agent, saw the document. In this context, certainty is important and if the relevant date is to be a moveable one to the extent claimed by the tenant, that requirement would not be satisfied.
[28] Clause 8 of the lease incorporates statutory provisions as to service and the word receipt may have been used to ensure that an actual date rather than a deemed date was the relevant one but receipt in this context means receipt at the demised premises. In my judgment, the rent review notice was received, within the meaning of para.1 of the Schedule, on April 16."
i) The date when the letter was posted;
ii) The date when it was delivered to her home address; and
iii) The date when she opened and read it.
"Where a decision to dismiss is communicated by a letter sent to the employee at home, and the employee has neither gone away deliberately to avoid receiving the letter nor avoided opening and reading it, the effective date of termination is when the letter is read by the employee, not when it arrives in the post."
"If the letter is committed to the ordinary post, the employer runs the risk that it may go astray, or it may be delayed so as to arrive later than would normally have been expected. That degree of uncertainty is inherent in use of the post. Use of recorded delivery gives greater certainty, though of course if no-one is present to sign for it, the letter may not be delivered at once, may not be collected from the post office by the addressee within the time normally allowed, and may eventually be returned undelivered. In the present case, the letter was delivered to the right address, even though the claimant was not there to receive it on that day or for several days thereafter."
" the correct view of the law is that an employment contract is brought to an end by a dismissal letter sent by or on behalf of the employer to the employee at his or her address, and delivered to that address, and that it comes to an end on the date of such delivery, regardless of whether or not the employee was there at that time or later on that day, or did not see the letter, for whatever reason, until a later date."
"Underlying both decisions (although not expressly articulated in either) is the notion that it would be unfair for time to begin to run against an employee in relation to his or her unfair dismissal complaint until the employee knowsor, at least, has a reasonable chance to find outthat he or she has been dismissed. This is as it should be. Dismissal from employment is a major event in anyone's life. Decisions that may have a profound effect on one's future require to be made. It is entirely reasonable that the time (already short) within which one should have the chance to make those decisions should not be further abbreviated by complications surrounding the receipt of the information that one has in fact been dismissed.
These considerations provide the essential rationale for not following the conventional contract law route in the approach to an interpretation of section 97. As Mummery LJ said, it is a statutory construct. It is designed to hold the balance between employer and employee but it does not requirenor should itthat both sides be placed on an equal footing. Employees as a class are in a more vulnerable position than employers. Protection of employees' rights has been the theme of legislation in this field for many years. The need for the protection and safeguarding of employees' rights provides the overarching backdrop to the proper construction of section 97."
"We do not consider, therefore, that what has been described as the "general law of contract" should provide a preliminary guide to the proper interpretation of section 97 of the 1996 Act, much less that it should be determinative of that issue. With the proposition that one should be aware of what conventional contractual principles would dictate we have no quarrel but we tend to doubt that the "contractual analysis" should be regarded as a starting point in the debate, certainly if by that it is meant that this analysis should hold sway unless displaced by other factors. Section 97 should be interpreted in its setting. It is part of a charter protecting employees' rights. An interpretation that promotes those rights, as opposed to one which is consonant with traditional contract law principles, is to be preferred."
" the interpretation of section 97 [is] an autonomous issue unchallenged by the conventional or general principles of the law of contract."
"At common law the contract of employment was regarded by the courts as a contract like any other. The parties were free to negotiate whatever terms they liked and no terms would be implied unless they satisfied the strict test of necessity applied to a commercial contract."
"Whatever the test to be applied, it seems to me to be an obviously necessary incident of the employment relationship that the other party is notified in clear and unambiguous terms that the right to bring the contract to an end is being exercised, and how and when it is intended to operate. These are the general requirements applicable to notices of all kinds, and there is every reason why they should also be applicable to employment contracts. Both employer and employee need to know where they stand. They both need to know the exact date upon which the employee ceases to be an employee."
Lady Justice Arden:
(1) The Contract contains an implied term that the appellant and the respondent could give notice to each other under it in writing or orally, and that, if either of them gave notice in writing, that notice could be sent by post.
(2) If it was sent by post, however, to be effective it still had to be received.
(3) Receipt of a notice can still occur even if the recipient never reads it and destroys it.
(4) The fact that the letter by the intervention of Mr Crabtree reached its destination does not mean that the respondent received it at the time that Mr Crabtree left it at her house. Rather the position under the general law is that the fact of delivery gave rise to a rebuttable presumption of receipt.
(5) The judge in effect held that she had shown that she had not received it until 27 April 2011. This was a finding of fact that he was entitled to make.
(6) 12 full weeks' notice excluding that date would expire on the respondent's 50th birthday so she became entitled to her pension increment payable on that date.
Where an Act authorises or requires any document to be served by post (whether the expression "serve" or the expression "give" or "send" or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.
[37] It may be observed that section 7 is a complex alteration of the common law rule which requires receipt to effect service. Instead, s 7 deems service to be effected at the time the posted document would be received in the ordinary course of the post. That presumption remains rebuttable, but the burden of doing so lies on the addressee. Another condition of the statutory refinement, however, is that the presumption only operates if a letter containing the document to be served has been properly addressed, pre-paid and posted ("by properly addressing, pre- paying and posting a letter containing the document"). The burden of proving that condition lies on the sender. The section seeks to answer various problems that might arise out of the posting of a letter, and to balance the interests of both the server and addressee. The ultimate formula, however, is to maintain that part of the common law rule which requires receipt, but to deem receipt to take place when would the letter be delivered in the ordinary course of post, subject to the right in the addressee to prove otherwise.
[38] So, is there anything about the language or effect of section 15 which would be incompatible with section 7, if the latter section is imagined as potentially incorporated in the Act? Plainly, there is nothing in the express language which is any way incompatible. On the contrary, everything about that language points in the direction of service taking effect on receipt. First, that is the common law rule against which any statutory language must be measured. Secondly, the section speaks of service, which prima facie as a matter of language points to receipt ("A notice . . . to be served . . . may be served . . ."). Thirdly, this requirement built into the concept of service is further emphasised by speaking about service on a person ("may be served on a person"). One would not naturally speak of serving a document on another person by long distance. Fourthly, s 15(1)(a) plainly requires such service on a person, for it speaks of the method "by delivering it to him in person". I find it hard to conceive that such a method does not involve receipt by that person. Of course, such a person may decline receipt by casting it from him, but if a notice is delivered by person to another person, I do not see that it can be properly said that the person to whom the notice is delivered can say that he has not received it.
(4) Any notice required or authorised by this Act to be served shall also be sufficiently served, if it is sent by post in a registered letter addressed to the lessee, lessor, mortgagee, mortgagor, or other person to be served, by name, at the aforesaid place of abode or business, office, or counting-house, and if that letter is not returned [by the postal operator (within the meaning of [Part 3 of the Postal Services Act 2011]) concerned] undelivered; and that service shall be deemed to be made at the time at which the registered letter would in the ordinary course be delivered.
(1) Any notice which under this Part is required or authorised to be given by an employer to an employee may be given by being delivered to the employee, or left for him at his usual or last-known place of residence, or sent by post addressed to him at that place.
(4) Any notice which, in accordance with any provision of this section, is left for a person at a place referred to in that provision shall, unless the contrary is proved, be presumed to have been received by him on the day on which it was left there.


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