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Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.
How long did he work there for? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you today. Thanks
Many thanks for your patience, I am pleased to be able to continue assisting with your query now. It is not a given that the employment will terminate on the date the employee is paid as that is not directly relevant to the effective date of termination.
There have been cases where the payment date was the relevant date used to reference the termination of employment, but that was mainly to do with failures by the employer leading up to the termination, specifically not being clear that they were terminating the employer with a payment in lieu of notice provision. For reference, this was the situation in the case of Geys v Societe Generale (https://www.gqlittler.com/resources/news-and-views/when-is-an-employment-contract-really-over.htm)
However, that was quite fact-specific and the reason the payment date was used as the date of termination was that it was the first instance when it became clear that the employer was being terminated in this way, whereas the case you have is different because there was no PILON anyway (it was a gross misconduct dismissal) and the date of dismissal was clearly communicated.
These situations are almost always determined on the specific facts of the case so the Employment Tribunal will have to examine them in detail here to determine if such an argument would likely apply.
Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.