How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47881
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

If an employee resigns giving 1 month notice and the

Resolved Question:

If an employee resigns giving 1 month notice and the employer states that it accepts the resignation with immediate effect and pays a PILON, when there is no clause in the contract of employment for the payment of a PILON, is the EDT brought forward, or does it remain when the notice given by theemployee expires as per s.97 of the ERA ?As the PILON was a breach of contract, the employee reaffirmed the contract and confirmed that he would be willing to work his notice period.Would the fact that the Employer insists that it did not dismiss the employee and only accepted the employees resignation with immediate effect, have any bearing on the EDT ?The employee says that the EDT is when the notice given when he resigned expires as per s.97 of the ERA, whereas the Employer states that the EDT is when it accepted the resignation with immediate effect.Can you please confirm, which is correct.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hi, you mention the employer accepted the resignation with immediate effect yet also state that the employee had resigned giving a month's notice - which one is correct - did they resign with notice or without notice?

Customer: replied 1 year ago.
Hello the employee in his letter of resignation, gave 1 months notice with a specified leaving date - being one month after the date of his resignation. The following day, the employer wrote to the employee (on annual leave) and stated that the resignation would be accepted with immediate effect and that a PILON would be paid, even though there was no PILON clause in the contract of employment.Furthermore, in subsequent correspondence the employer has confirmed that the employee was not dismissed.The two sides are now disputing the EDT, with the employee stating it is when the notice he gave expires, whereas the employer states it is when it accepted it with immediate effect, even though it was given with notice and not with immediate effect.Apologies for the confusing details
Expert:  Ben Jones replied 1 year ago.

Thanks, ***** ***** presume the contractual notice period required to be given by the employee was 1 month?

Customer: replied 1 year ago.
the contract of employment required 1 months notice on both sides
Customer: replied 1 year ago.
By accepting the resignation with immediate effect (even though it was given with 1 month contractual notice) and by paying a PILON in breach of the contract, the Employer wants the EDT brought forward from the expiry of the notice given by the employee, to prevent any claims being lodged with the ET for other unrelated matters.
Expert:  Ben Jones replied 1 year ago.

ok, so the employee resigned with notice and in the absence of a PILON clause the employer would have been acting in breach of contract by terminating them summarily. If the employee accepted the breach by agreeing to end their employment early, even with no PILON, then they would basically be affirming the breach and not be able to rely on it. However, if they did not in any way accept the breach by the employer and reiterated that they are willing to continue working until their contractual notice period expires, the contract could continue in existence until that date and in the circumstances it could take them over the required 2 year threshold.

Customer: replied 1 year ago.
Thank you, ***** ***** of the employers letters confirming that it would accept the resignation with immediate effect and made a PILON, the employee wrote to the employer and confirmed that he did not accept the breach and was willing to work the notice period he had given.Are you aware of any authorities on this - I have come across cases such as Wedgewood v Minstergate Hull Ltd [2010] UKEAT 0137_10_1307 (13 July 2010) - where there was no change to the date of termination but merely that the employee was released from working, but I have been unable to locate any authorities that would confirm that in these circumstances the EDT would be as per the notice given by the employee
Customer: replied 1 year ago.
Sorry the above should read *employers letter and *will make a PILON
Expert:  Ben Jones replied 1 year ago.

Having looked at the resources I have I could not find anything that specific. That does not mean there aren't any but they may be more obscure ones or not as well known. For this you really need a barrister who can go away and spend some time researching but obviously the costs would be much higher than these

Customer: replied 1 year ago.
Thank you for your help and assistance
Expert:  Ben Jones replied 1 year ago.

You are most welcome. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you

Customer: replied 1 year ago.
Hello, I have rated my original question with 5 stars. I would like also thank you for your very quick responses and for bearing with me whilst I explained the situation that I am currently assisting a friend with. Many Thanks
Expert:  Ben Jones replied 1 year ago.

No problem at all, all the best

Expert:  Ben Jones replied 1 year ago.

Many thanks

Ben Jones and other Employment Law Specialists are ready to help you