Immediate Dismissal- payment in lieu of notice

[1976]

Hello.

I am seeking confirmation of some points, please, because I was "dismissed with immediate effect" on 19th June. I was employed for less than 2 years, so I understand this is deemed "fair." However, the notification letter seems to be contradictory.

Letter, which is dated 19/06/17 states termination of employment without notice in accordance with clause in contract. Then it says "your contract of employment terminates with immediate effect and your last day of employment is 14th July 2017"

Which date is correct for last day of employment: 19th June or 14th July?
(Notice period in contract is 4 weeks, so if latter applies shouldn't the date be 17th/ 18th July?)

I have use of company vehicle & personal fuel allowance until 9am 14th July, and I have been told I will be paid any outstanding holiday. Should I expect to be taxed for the payment in lieu of notice, holiday pay and the car and fuel benefit for the notice period?

hope somebody can clarify?

Thanks in advance.

[mariefab]

Re: Immediate Dismissal- payment in lieu of notice

Well, your former employer certainly seems confused.

"dismissed with immediate effect" and "your contract of employment terminates with immediate effect... both mean that your employment ends on the date that you first read or hear this.

So, going by what you've posted here your employment terminated on 19th June.

[mariefab]

Re: Immediate Dismissal- payment in lieu of notice

Yes, you should expect to be taxed.

[1976]

Re: Immediate Dismissal- payment in lieu of notice

Thanks for your reply.

[QUOTE=mariefab;

So, going by what you've posted here your employment terminated on 19th June.[/QUOTE]

Any advice re the payment in lieu of notice? My contract contained the clause reserving the right to terminate with no notice and to make a payment in lieu of notice. Notice period is 4 weeks, so should I expect that my payment should be up to and including 18th July? (I read that notice period starts the day after being given)

I am unsure about where the date of 14th July for last day of employment and return of company vehicle and fuel card could come from. (unless they intended to give me notice on 15th/16th of June)

thanks for the help so far.

[mariefab]

Re: Immediate Dismissal- payment in lieu of notice

I think that you may be confusing notice periods and notice pay (PILON).

You wrote, "Letter, which is dated 19/06/17 states termination of employment without notice" and "dismissed with immediate effect".
You are not going to be paid up to and including any date in July because there is no notice 'period'.

You will receive 4 weeks pay instead, which represents the amount that would have been paid if they had terminated your employment with notice. Think of it as payment instead of notice.

I don't know why they decided to call 14th July your last day of employment. They are wrong, it's 19th June. Unless they felt that it would be unreasonable to expect you to return the company vehicle and card immediately so decided to let you keep them until 14th July and called that your last day of employment because you will still possess company property until that date.

[1976]

Re: Immediate Dismissal- payment in lieu of notice

Thanks for the advice so far, it has been useful. I have just received an unexpected letter from my (former) employer, which was dated 30th June, which I really don't understand, as it seems to retract the termination of employment with PILON. See below:

"Further to my letter dated 19th June, I write to clarify matters. The company gave you four weeks notice of the termination of your employment on 19th June 2017. This means that your employment will cease on 19th July 2017. However between 19th June and 19th July, you will be on garden leave."
The letter goes on to explain garden leave meaning, which I understand and also reiterates the restrictions of confidentiality and competition thereafter. Finally, it requests return of company vehicle now on 19th July (rather than 14th as previously stated in original termination letter.

Question is, can the company effectively "un-dismiss" me like this? I have applied for alternative employment and taken all necessary steps to move on from this as swiftly and painlessly as possible, but it seems they are changing the goal-posts and ae trying to prevent me from moving on by demanding I remain available to them during the notice period.

your advice would be valued.

thanks

[warwick65]

Re: Immediate Dismissal- payment in lieu of notice

Hi
Just an observation

It seems that bot you are your employer are confusing 4 weeks with a month.

If you work mon-fri you were dismissed on Mon 19th June , assuming you didn't work 4 weeks would be up Friday 14th July

If I had to speculate I would suspect your ex employer decided they had not acted lawfully where summary dismissal was concerned and therefore decided to terminate your contract with contractual notice.

We you accused of and investigated for gross misconduct?

[1976]

Re: Immediate Dismissal- payment in lieu of notice

thanks for the reply.

I was not accused of or investigated for gross misconduct. I was simply told that it was not working out.

Can my employer change their mind about the dismissal process like this? (two weeks later.)

thanks

[warwick65]

Re: Immediate Dismissal- payment in lieu of notice

Hi
Personally I do not see you have any wiggle room on this, they have terminated your contract for some unspecified reason ( the cynic in me suspects it is more than just 'not working out'- especially if you were not given any indication things were wrong.

They have given you notice about terminating your employment and are allowing you use of the car etc as well as paying you your notice period

It is usual that PILON is used where someone has been dismissed for misconduct and from what i have read it depends on your contract wording as to the taxable nature of your pay while on gardening leave- I suspect it will be taxed but remember your tax allowances accrue for any period you are not working so you will likely get some of that back.

Good luck on the job hunting