Dismissal with PILON

[Snurgle]

Afternoon all.
I'm hoping someone can offer some advice regarding unfair dismissal.
The short version:
My contract was terminated 2 weeks before my 1 year was up. Initial reasons given were my performance and 'not fitting in with a family company'. (No verbal or written warnings ever received). I was told I was getting PILON and would be on 1 month's gardening leave (taking me over the 1 year) and was told to leave immediately. PILON was received at the end of my gardening leave.

ERA 1996 s92 ss6a says the date of termination is when the notice period expires. However, something on berr.gov.uk I found states that the effective date is the last working day with my employer if I received PILON.

Does this mean that due to being put on gardening leave and receiving my PILON a month after contract termination my effective employment period would be over 1 year and therefore I may have been unfairly dismissed?

Many thanks

[miliitant]

Re: Dismissal with PILON

For an employee whose contract is terminated by notice, whether given by the employer or employee, it is the DATE ON WHICH THAT NOTICE EXPIRES;

IN MY OPINION , AS LONG AS YOU WERE PAID DURING THE GARDEN LEAVE, YOU ARE OVER THE 12 MONTHS PERIOD AND ARE ABLE TO CLAIM STATUTORY RIGHTS UNDER THE EMPLOYMENT RIGHTS ACT. THE PILON IS IRRELEVANT.

HOW MUCH WAS THE PILON, IN OTHER WORDS, HOW MANY WEEKS OR MONTHS SALARY DID THE PYLON EQUATE TO.

DO NOT INCLUDE THE GARDEN LEAVE

TO TERMINATE THE EMPLOYMENT IN YOUR CASE, THE GARDEN LEAVE SHOULD HAVE BEEN INCORPORATED WITHIN PILON

IT SEEMS TO ME THAT THE GARDEN LEAVE WAS THE NORMAL STATUTORY NOTICE PERIOD, WHAT DOES YOUR CONTRACT SAY ABOUT NOTICE PERIOD. IS IT A WEEKS OR MONTHS NOTICE TO TERMINATE THE CONTRACT. DID YOU HAVE ANY HOLIDAY PAY OUTSTANDING

REMEMBER, PILON IS PAY IN LIEU OF NOTICE, so gardening leave would have counted towards service but PILON does not.

SO YOUR EFFECTIVE LAST DAY OF SERVICE WOULD BE WHEN YOUR GARDEN LEAVE ENDED WHICH TAKES YOU OVER THE 12 MONTH MARK

[Snurgle]

Re: Dismissal with PILON

Thanks Miliitant.

In my meeting, they (a person with the same job title as me and the accounts clerk) said they were terminating my contract and giving me my 1 month's notice. They were to give me my PILON to cover this period as I would not be required to work. It was agreed this period would be gardening leave. My final salary including my one month's pay plus holiday days owed arrived in my account a month after the meeting. My P45 arrived at the same time with the termination date the day after my dismissal meeting. I have only just noticed this and have not queried it yet.

My employee handbook states that the company will only follow their disciplinary procedures (verbal, written warnings, letter notifying reasons for dismissal, appeal etc; )upon completion of 12 months continuous employment. You have confirmed my employment was over 12 months so could I also consider breach of contract? (My employment contract states in numerous places that the employee handbook should be consulted).

I have a 2nd interview for a company in a couple of days and it does look promising. I will accept the role if I'm offered it partially because it seems like a good company to work for but also because I need to start earning again. The salary and benefits are less than what I was on before and my costs will be higher as the company is further away to travel to. If I get the above role, I will be sending a letter to my former employers shortly after stating why I believe they unfairly dismissed me and looking for some form of compensation. This will be to cover my lost earnings over the past month (since my gardening leave ended). Should I also look at claiming additional sums to help cover the shortfall in salary over the next few months? I reckon I'll be about £300 worse off a month.

Thanks

[Snurgle]

Re: Dismissal with PILON

As well as my P45 being dated the day after my meeting, my final payslip has the same date also. Is my former employer being conniving and should I have queried this?

[miliitant]

Re: Dismissal with PILON

as stated, has the garden leave been incorporated into pilon

what does your dismissal letter state in regards to this

[Snurgle]

Re: Dismissal with PILON

There is no mention of gardening leave in my letter. I do have it confirmed in a seperate email from the company when I originally queried why the letter contents differed to what was discussed in the meeting (gardening leave not mentioned in the letter and last day of employment not the same as discussed).

Info from letter
"You are entitled to one month's notice....... you are not required to work this and will be paid in lieu. ....holiday together with any outstanding monies owed will be included in your final pay at the end of October".

Info from email
"Your employment was terminated as of the end of September, but as x had to give one months’ notice, you are being paid until the end of October. As told to you in the meeting, you will be paid up to the end of October (you taking October as ‘Gardening Leave’) and will be paid this at the end of October"

I hope the above answers your question.

Thanks