Dismissed without due process and PILON.

[Jina]

Long time lurker but gained a lot of help from this site.

Very long story short -

Despite not resigning, I’ve been told that I’ve resigned my
position effective immediately (a month ago now). This is on the back of an employment tribunal claim for maternity discrimination. My situation is being assessed by a union lawyer, but i’m working blindly at the moment, as my union rep is horrendously busy.

My question is regarding PILON. In my termination letter, I was informed I would be paid PILON and receive my P45. I’m contracted to 8 weeks notice and have been paid for 4.
Outstanding annual leave is missing and there’s no sign of my
P45. Emails to work have gone unanswered, I feel like I need to escalate this with them, but wanted to be clear on the best way to do this.

Thanks for any advice.

[ULA]

If you have had written confirmation that you will be paid 8 week PILON and this has not been paid, not has your accrued but untaken holiday pay and previous emails have gone unanswered I suggest the following.

Write to your employer one further time, referencing your previous attempts, with dates of the correspondence, to raise the issue of unpaid PILON and holiday pay and say that if you have not heard from them in 7 days then you will be claiming for breach of contract in respect of the unpaid PILON. In regard to the unpaid accrued but not taken holiday then this is only a breach of contract if your contract says you will be paid for this. However if your employer does not pay you the statutory minimum holiday pay, you can make a claim for unlawful deduction from wages,

[Jina]

Very helpful, thank you.

My ‘resignation’ letter didn’t go into a lot of detail regarding my final pay. Just that I would be PILON and would be sent my P45. Would it be normal to spread that payment over two pay runs?

[ULA]

That could be a logical explanation but then they should have either made that clear in the correspondence confirming the arrangements or explained that to you in a response to your emails. You may want to mention this point in your correspondence and then lead on to the fact that if that is not the case then go on with my points at #2.