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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47902
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My daughter received a dismissal notice from her employer by

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My daughter received a dismissal notice from her employer by email last night, dated 6th. January. There is a PILON clause in her contract stating ' We have the right to terminate your employment without notice and make a basic salary payment in lieu'. They have stated that her money (for which she has received no breakdown yet) will be paid into her bank on 8th January. The letter she received by email dated 6th January confusingly states 'Your contract of employment terminates with immediate effect and your last day of employment is 13th January' We find this very confusing, particularly as key dates are pertinent to the correct calculation of accrued holiday pay etc. We also believe that in Law (Societe General vs.Mr.Geys) the PILON should have been made on the actual date of termination accompanied by a breakdown of the calculation and notification the payment had been made. Our aim here is simply to establish if a breach of contract has occurred or not.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello what is her notice period?
Customer: replied 1 year ago.
One month
Expert:  Ben Jones replied 1 year ago.
The employment would terminate when the employer communicates their intention to rely on a PILON clause and pays the employer, or if payment is made at a later date on that date. So if they sent the notice yesterday but payment is not received until a later date it would be that later date which would be the official date of termination. I would also query the reference to the 13th as that may be a typo but it is best to check if they intended for this date to apply.
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Customer: replied 1 year ago.
She was denied access to work this morning and sent home. (She had not picked up her emails last night and knew nothing of this matter until arriving for work!), and has not received her PILON yet, we are simply trying to establish if a breach of contract has occurred.
Customer: replied 1 year ago.
In simple terms - if the payment of PILON is considered the actual moment of termination, and she has been denied the right to work (note-she is not under suspension) until that occurs, the surely a breach of contract has taken place?
Expert:  Ben Jones replied 1 year ago.
At this stage it may have occurred in a sense that she is not being allowed to work when her employment has not yet terminated. But she cannot make a claim for that unless they do not pay her for the time until her employment officially ends. So she can only really claim for breach of contract if they do not pay her what she is due up to her official date of termination which would be calculated based on the earlier advice I gave. Hope this clarifies?
Customer: replied 1 year ago.
This is not about making any claims - if we can establish breach of contract, then surely the restrictive covenants become void as well?
Customer: replied 1 year ago.
That is all we are interested in getting set aside.
Expert:  Ben Jones replied 1 year ago.
I see what you are getting at. Sorry I did not automatically link this question with the previous one so have just realised they were about the same situation. In this case you can argue that preventing her from work whilst still employed and with no reasonable explanation would amount to a repudiating breach of contract which would make the contract and its contents void.
Customer: replied 1 year ago.
Thank you - that's all we needed!
Expert:  Ben Jones replied 1 year ago.
You are most welcome
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