Payment in lieu of notice

[ritemaster]

You are dismissed from your job with immediate effect just prior to pay day in month 1.

You are given 4 weeks Payment in lieu of notice which is paid as normal, into your bank account, on pay day in month 2.

You are given a Payslip for month 2.

You are given a P45 which states your last day of employment was month 1 but, all payments for month 2 are included in the figures.

My question is, did your employment stop in month 1, or was you still employed until the end of month 2?

[sean5302]

Re: Payment in lieu of notice

"You are dismissed from your job with immediate effect just prior to pay day in month 1."

That's your answer. Your employment ceased, with immediate effect in month 1. I hope this helps you.

[ritemaster]

Re: Payment in lieu of notice

It does help thanks. I now know the 3 month time limit for an employment tribunal is from date employment ceased and not date of last pay. I was a little unsure at first.

[sean5302]

Re: Payment in lieu of notice

You're very welcome.

[teaboy2]

Re: Payment in lieu of notice

It does help thanks. I now know the 3 month time limit for an employment tribunal is from date employment ceased and not date of last pay. I was a little unsure at first.

Such limited is irrelevant in your case, unless your dismissal amounted to "Automatic Unfair Dismissal" - Obviously i can't say if thats the case or not without knowing the details as to your dismissal. As basically in order to take tribunal action, you must be employed by the employer for a period of not less than 2 years, except where your dismissal amounts to "Automatic Unfair dismissal" - Which for the record is not the same as "Unfair Dismissal", they are two different things!