Termination of contract & PILON

MissInformed

Hi,

I have recently had my contract terminated on 5th July ,and have a discretionary clause in my contract for Payment in Lieu of Notice (I'm on 3 months notice). My employer has stated they will pay this, but in installments?
Their normal pay run is 28th July, when they will pay 1 months salary to me, but they have stated they will then pay the balance on 28th August (the remaining 2 months), and I will not receive my P45 until then.
Surely this suggests I am still employed by them? If so, this would take me over 1 years service (I started 15 Aug 2011) and would obviously give me more employment rights (in particular unfair dismissal).
Can I ask for the full amount to be paid in one lump sum and do they have the right to split it into installments?

getmore4less

The problem you have is any grievence process will take longer than the time they propose to pay.

Unless you think they won't pay and want to start the process ASAP there may be little point even if the law is on your side.

Perhaps wait and see what the P45 says if the termination date on that give you a years service you may have a claim.

MissInformed

Thanks for the reply. Do you think there is any value in pointing the discrepancy out and asking for full and final payment on 28th July, rather than a staggered payment? I don't really want to go down the unfair dismissal route but am just confused as to why they are not paying in one lump sum?
Thanks

getmore4less

Ask them?

Might be something silly like the person that deals with this is on holiday.

Suggest that it would make more sense to have a clean break get paid off in full, PILON holiday pay and P45 so you can start your JSA claim(worth a try).

How clued up are they on what they need to include in PILON do they specify if holiday pay is accrued if not it might be worth a try(they don't have to) for that as well