Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
How long have you worked there for?
Worked there for under 1 year.
7months to be exact
OK, thank you, XXXXX XXXXX this with me - I will look into this for you, get my response ready and get back to you on here. No need to wait around and you will get an email when I have responded, thank you
Hi Ben i.could send you a picture of my contract that discuss the pilon if that would be okay because I know from speaking to acas it's all about the wording of the contract.
hi yes please go ahead, you can attach it using the paperclip icon on the toolbar
I am unable to attach it at the moment as it keeps failing using the paperclip
Possibly attached now.
I don't think it has worked I'm afraid. Maybe you can upload it t a third party sharing site, such as www.mediafire.com - it is free to register then you just give me the link where you have uploaded it
URL is http://www.mediafire.com/view/dj10227f7je2mnt/image.jpg thanks
ok got it, thanks
Brilliant. I also have a copy of the emails sent to my employer and responses if that would be of hekp
no need thank you
I think what ACAS were trying to tell you is that because the wording of the PILON clause does not specify what payments you would be entitled to in the event the employer terminates your employment by giving you PILON, you should be entitled to all normal contractual benefits that you would have continued to receive had you been allowed to work through your notice period. Whilst the contract does allow termination through PILON, it does not specify what payments must be made for this to operate successfully.
The relevant advice from ACAS can be found here:
You will see the specific wording that “employers are generally required to pay benefits and any extras when the contractual provision for PILON doesn't specify what the pay should be, or if there is no contractual clause for PILON.”
Whilst they would be able to take the car from you, they should instead continue paying you a reasonable allowance for taking that benefit away from you, which is a sum that would be added to the final payment and PILON.
well initially you would need to write to them ,set out your position and then if you have no luck you can make a claim for breach of contract as previously advised
PILON is not covered by legislation, so there will be no specific law, it is contractual law, which is common law, although unlawful deduction of wages is covered by the Employment Rights Act 1996
You can make the claim for financial losses equivalent to the allowance you were denied through www.moneyclaim.gov.uk
no harm in advising the others - often a group grievance may be taken more seriously than an individual one
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Hi Ben just as follow up for you. I have now been offered use of the company car for an extra 2weeks following being made redundant.
I haven't yet agreed but think that I am going to agree to the compromise.
Thanks for your help in this matter.