Can they bring my ldos forward with pilon?

lovemotown

Hi,

I have just received my compromise agreement dated 19th January 2011 and my contract states the company have to give me 12 weeks notice. This should make it 19th April 2011.

However, they have made my LDOS 25th March (9 weeks) and want to pay me 3 weeks PILON for the remainder of the 12 weeks notice.

My question is:

If they choose to pay me 3 weeks PILON should my LDOS remain 12 weeks hence - 19th April.

Am I able to say that I want to work my contractual notice of 12 weeks?

I always thought that if they want to pay you up to get rid of you, PILON does bring your LDOS forward which is what they are trying to do.

Any advise welcome

LittleVoice

PILON is pay in lieu of notice and therefore you cannot be paid in lieu of the notice and also have the notice.

However, you should be receiving full compensation for not getting your full notice - so they should pay you for holiday that would have accrued up to what would have been the LDOS if you had had your full notice.

Your LDOS will be the date which is short of the full notice period. The PILON is compensation for that shorter period.

jazzyman01

I would disagree. If you are paid in lieu of notice then your employment ends and no holiday entitlement accrues. If you are on garden leave, for example, and can be called in and are paid for it as notice then holiday does accrue. The difference being if PILON then your employment is terminated and you can do as you wish. Garden leave you are still employed and therefore can still be required to work.

You also state that this is a compromise agreement which means that you must have a legal representative review the document before you sign. This person should make it clear to you.

Pete111

jazzyman01 wrote: »

I would disagree. If you are paid in lieu of notice then your employment ends and no holiday entitlement accrues. If you are on garden leave, for example, and can be called in and are paid for it as notice then holiday does accrue. The difference being if PILON then your employment is terminated and you can do as you wish. Garden leave you are still employed and therefore can still be required to work.

You also state that this is a compromise agreement which means that you must have a legal representative review the document before you sign. This person should make it clear to you.

I'm with Jazzyman on this. Getting paid out for a period of notice and then accruing holiday for that period is effectively double bubble. I don't usually pay out holiday 'accrued' after PILON takes effect and have previously checked with my employment lawyer that this is correct

I agree that holiday should accrue up until the date the PILON is paid however. Also it's worth noting that Statutory notice is often considered to 'cast a shadow' forward in terms of length of service even though contractual notice can by bought off via PILON.

getmore4less

AIUI they can give PILON for as much of the notice that they want and they do not have to let you work notice.


I guess the reason you are asking is to get the payments into the next tax year.

They probably want them in the first quarter.