when does employment cease

livewire600

so iwould persume that being as on all my paperwork it states your employment will cease on 31/03/2009, your employment will end on 31/03/2009, you job is redundant with effect from 31/03/2009 that i am released with effect from the early date and have pilon with no notice given

of course i will keep you posted- all letters will be hitting today

zzzLazyDaisy

Sorry I seemed to have confused things - sorry about that!

I gave the example of unfair dismissal because in ALL cases time runs from the actual termination date, and the link explains that the termination date is different when notice is given and worked, compared to when no notice is given and termination takes effect immediately, albeit with a lump sum PILON.

To answer another posters point.... an employee CANNOT insist on being allowed to work his or her notice. If an employer terminates the employment, however wrongfully that might be, the employment comes to an end on that date, and all the employee can insist on is monetary compensation - ie a PILON

ceridwen

very_berry wrote: »

So, in summary, the key dates are:

• In relation to an employee whose contract of employment is terminated by notice, whether given by his or her employer or by the employee, it is the date on which that notice expires.

Hope this helps

Having a bit of a "bad head day" - musta been the wine yesterday. But I'm interpreting that as meaning that if my employer gives me notice my job is redundant (ie the rather lengthy period of time I am due for) then I turn round and quote "the date on which that notice expires" and state that:

"This means that all emoluments appertaining to my position are due until x date (ie the expiry date of my notice period) and that my pension and holiday entitlement will continue to accrue until x date".

Guess the Employment Rights Act 1996, section 97, is the relevant law I look up to see exactly what the legal form of wording is to quote?

I do think its helpful to have an exact Law/Clause/etc one can quote...

very_berry

Yes - that's right. ERA 1996 s 97 deals with the definitions regarding the termination dates. Contractual pay is due up to the date of termination. If you want a ref for the meaning of wages quote ERA 1996 s 27:

Meaning of “wages” etc
(1) In this Part “wages”, in relation to a worker, means any sums payable to the worker in connection with his employment, including—
(a) any fee, bonus, commission, holiday pay or other emolument referable to his employment, whether payable under his contract or otherwise,.......

jonniejon

Having been made redundant on Friday the 13th I made an appointment to sign on with the job centre on the 16th, which I subsequently attended and filled out the forms, I then had confirmation from my employer that they were paying me a months notice in leau plus a weeks holdiay pay. I contacted the job centre n assuming that I wouldnt be eligible to claim benefits until the 20th of April, as not wishing to claim benefits I was possibly not eligible for, as the month in leau and holiday pay would take me up until that date. They checked this twice with thier benefits department and it would appear that even though I was getting paid a month in leau plus a weeks holiday pay that I was in fact eligble to claim from the 16th of March, the reason behind this was explained in the fact that the rules changed about a year ago and any pay in leau and holiday pay is taken as capital and not earned income and as long as the amount of savings I had inculding this amount did not exceed the amount that would effect any benefits I was entitled to then I was eligible to claim from the 16th of March.

On the minus side because the money earned before the 13th of March plus the month in leau and holiday pay was paid in one month rather than spread over the two months it has meant that I have paid tax on the whole amount therefore not benefitted from Aprils tax allowance

Hope that helps and would suggest you book an appointment asap to find out

shiraz2020

Very interesting discussion.
I am being made redundant from 31st May and expect to receive payment in lieu of notice (4 months in my case). I am told by my employer that although work will stop on the 31st May, my employment will not end until the notice period expires, even though I will receive PILON (lovely acronym). My 'contractual relationship' with my employer will apparently continue until the termination date - i.e. end of notice period.

Is this correct? I understand this later date will be used to calculate annual leave entitlement for example, which is good from my point of view, but are there any other implications of this 'contractual relationship' on either side during this period? Could the employer redeploy me at any time during ths period and seek to claim back redundancy payments?

Roobarb73

If you are paid in lieu of notice then your employment will have ended on 31 March. Presumably your holiday, redundancy pay etc was calculated on the basis of you being in employment up till that date?

However if they hadn't paid you in lieu of notice but had placed you on garden leave then all the t&cs of your contract of employment would remain in force except for the obligation to actually go to work and in those circs you'd remain an employee till 30/6, and they'd need to calculate your holiday pay etc up to that date.

BlueIsTheColour

Just wanted to answer a question OP made regarding the offer of position when on matt leave, and basically if an employer has a suitable alternative role then they must give it you, even if there are other more qualified or suitable people. They cannot ask you to apply and cannot score you with others, if the role is there, they offer it you, on terms and conditions no less favourable than your current contract. If they fail to do this, there could be a claim for an automatically unfair dismissal

livewire600

hi all i am the OP,

update for you, after alot of argueing and a couple of nasty letters i recieved a letter confirming my employment ceased on 31st march not on 30th june. In the letter was also an increase of servance pay from 8k to WAIT FOR IT 20k (hmm so do you think they thought i had a case to argue) so i now have a lovely lump sum sitting in my account which will allow me to take a fair few months of with my girlies

thanks for all your help, thoughts and ideas

zzzLazyDaisy

Thanks for updating us - and well done!