Is PILON enforceable?

gorjam

Just a simple question.Can your employer force you to take payment in lieu of notice?

antrobus

gorjam wrote: »

Just a simple question.Can your employer force you to take payment in lieu of notice?

As a purely practical matter, I'd have thought that the answer was 'Yes', on the basis that if your employer says to you on the Friday afternoon, 'Don't bother coming in again, we don't need you any more, here's a cheque', there's not a lot you can do about it.

Is there some backstory that has prompted this question?

getmore4less

Yes they can.

what specific issue do you have about the compensation for not working the notice period.

You can't force an employer to give you work.

Sycorax

Is there a reason you would want to work your notice rather than getting PILON?

ILW

Sycorax wrote: »

Is there a reason you would want to work your notice rather than getting PILON?

Need to get busy with the shredder?

anamenottaken

Sycorax wrote: »

Is there a reason you would want to work your notice rather than getting PILON?

Maybe affects length of service. For example, contractual notice takes someone beyond their two years of employment point.

Sycorax

anamenottaken wrote: »

Maybe affects length of service. For example, contractual notice takes someone beyond their two years of employment point.

It doesn't make any difference if you work it or are paid for it, the end of the notice period is what what counts. So even if the OP took PILON, any holiday/redudancy etc etc calculations would still be taken at the point the notice period would have ended.

Sycorax

ILW wrote: »

Need to get busy with the shredder?

:rotfl:probably more like it, it can be handy to use your employers facilities!

anamenottaken

Sycorax wrote: »

It doesn't make any difference if you work it or are paid for it, the end of the notice period is what what counts. So even if the OP took PILON, any holiday/redudancy etc etc calculations would still be taken at the point the notice period would have ended.

I don't believe this is so if the contractual notice period is longer than statutory. It is only the remainder of the statutory notice period which is added to the termination date if PILON is paid, not the entire notice period.

gorjam

Thanks for the replies so far.I believe that your terms and conditions end on the day that the PILON is paid. This has important repurcussions for me as it would take me into a period when I can draw my pension.
In my position PILON sucks.

pc1271

Sycorax wrote: »

It doesn't make any difference if you work it or are paid for it, the end of the notice period is what what counts. So even if the OP took PILON, any holiday/redudancy etc etc calculations would still be taken at the point the notice period would have ended.

It does make a difference - on PILON, you cease employment with the company immediately. On notice, even garden leave, you are technically employed for the remainder of your notice period. If you have a long notice period this is a significant difference.

You should get equivalent compensation so you don't lose out, but if it takes time to find a new job, you could have a longer blank section on the CV. Could it also affect insurances like PPI?