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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44957
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My contract start date was 3rd March 2014 and I think tomorrow

Customer Question

My contract start date was 3rd March 2014 and I think tomorrow my company is planning to dismiss me. I'm on 1 months notice but their is a PILON clause in the contract. My question is with the statutory notice being 1 week can they terminate me immediate tomorrow and would I miss my rights to claim unfair dismissal
Submitted: 9 months ago.
Category: Employment Law
Expert:  Ben Jones replied 9 months ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. What is the reason for termination?
Customer: replied 9 months ago.
Don't know. I expect performance as I'm in Software Sales and that's normal. I'm only assuming they will terminate me as I've been asked to attend a catch up meeting in the office which is very unusual as I had a catch up on the phone with my manager on Monday evening
Customer: replied 9 months ago.
How will I know when you respond. By email or in this portal?
Expert:  Ben Jones replied 9 months ago.
The key here is the PILON clause. If such a clause exists the employer could terminate your contract with immediate effect by paying you in lieu of notice and that can include your statutory notice period too. So at any point before your 2 years’ service is reached they can exercise the PILON clause and your employment will terminate once they give you notice under that clause. If there was no PILON clause then you will be able to rely on your statutory notice period. Terminating your employment by paying you in lieu of notice when no PILON clause exists means the employer would have acted in breach of contract and then the statutory notice period you would be entitled to would be deemed to apply from the date of termination. If that takes you over the 2 years’ service then you will get unfair dismissal rights. However, as there is a PILON clause, if the employer exercises it they can dismiss you with immediate effect and if that is done before the 2 years then you will not be able to claim unfair dismissal I’m afraid. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
Customer: replied 9 months ago.
So the employer can rush this through knowing I can't appeal all due to the PILON clause
Expert:  Ben Jones replied 9 months ago.
oh yes, many do - it is not unlawful, it is unfortunate in your circumstances that it is so close but even with a day to go they can still do it
Customer: replied 9 months ago.
Any suggestions how I could avoid receiving notice of dismissal?
Expert:  Ben Jones replied 9 months ago.
Well if they have made up their mind that they will dismiss you, they will do so, whatever you say. This is especially the case if they are deliberately doing it now to avoid giving you unfair dismissal rights. So in reality there may not be anything you can do to avoid dismissal. You cannot just tell them something which guarantees you will avoid dismissal – if only it was that simple…
Customer: replied 9 months ago.
Ben, one last thing. I have just re-read my employment contract and the only comment re PILON is when dismissal relates to gross misconduct and other severe acts which is not the case with me. The clause relating to my termination reads ' on the service of notice to terminate the employment by the company or employee or at any time during the currency of such notice, the company may elect (but shall not be obliged) to terminate the employment with immediate effect by notifying the employee in writing that the employment is being terminated under this clause and paying the employee a sum equivalent to the employees basic salary exclusive of any bonus, commission, benefits, holiday for the unexpired portion of the employees contractual notice period."
No mention of PILON
Expert:  Ben Jones replied 9 months ago.
Are you able to upload the contract please? A that would be deemed additional service beyond the original scope of the question could you please leave your positive rating and then I can take a closer look? Thanks
Expert:  Ben Jones replied 9 months ago.
Do you still need assistance with this please?

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