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 Buachaill Your Own Question

Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10188
Experience:  Barrister 17 years experience
53108719
Type Your Law Question Here...
Buachaill is online now

I have just been advised that my emp[loyment is being terminated

Customer Question

I have just been advised that my emp[loyment is being terminated with immediate effect.

I am being offered 3 months PILON, 3 months being my notice period up until 1st Sept 2013 when it would have risen to 6 months.

I was given notice that my last day of employement was 19th June 2013. My employer claims that they my contract gives them the right to terminate my employment immediately with the appropriate PILON payment. However, my contract only mentions Garden Leave or working my notice period.

If I elelcted to work my 3 months notice period to the 19th September would I be entitled to the extra 3 months redundancy payment?
Submitted: 3 years ago.
Category: Law
Expert:  Buachaill replied 3 years ago.

Buachaill :

1. At the outset, unless there is a Payment in lieu of Notice clause in an employment contract, it should not be paid. An employer who makes a PILON payment when there is no such clause in the employment contract is in breach of contract. Accordingly, at this stage, you should write back to your employer and make clear that it is unlawful to make A PILON payment where there is no such clause in the employment contract. Point out that the options available to him are either garden leave or to work the three month notice period. Alternatively, you can suggest a sum of compensation for yourself which would cure the breach of contract which a PILON payment would constitute.

Buachaill :

2. However, you need to realise that once you have given notice of termination of employment, then the contract comes to an end at the end of the notice period. Merely because an additional notice period would come into force if you gave your notice at a later date, after 1st September, does not affect your contractual rights. Essentially to qualify for the six month notice period you would have to be giving notice after 1st September because it is only then that your contractual right to six months notice would have crystallised. You do not qualify for an extra three months redundancy payment merely because it would be six months if you gave notice after 1st September. You must still be working for the employer without notice being given on 1st September for a six month notice period to apply.

Buachaill :

Please RATE the Answer positively so that I may get paid

JACUSTOMER-cba5vwgo- :

Dear Buachaill,

JACUSTOMER-cba5vwgo- :

Does your answer apply to the law in England and Wales as I see that you specialise in Republic of Ireland Law? I did specify England and Wales law when submitting my question. Can you advise what is likely to be considered an appropriate size of PILON compensation payment please.

Buachaill :

3. This is the law as applicable in the UK. Your Question is in the United Kingdom law category. I am dual qualified. PILON compensation payments are based on wages. Generally, the wages for the period in question. What i referred to was compensation for breach of contract. These payments would be small, probably 1-2 weeks pay where there is a breach of contract.

Buachaill :

Please RATE the Answer positively so that I may get paid

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice