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PILON and pension benefits

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  • If you had a genuine period of sickness for stress, with medical records to back it up, and you kept them updated during your absence, and returned or plan to return to work as soon as you were able too, and your job was still available, then there is no reason to suspect they will dismiss you on performance grounds. They are more likely to realise that while you were off, that they don't need you and make your position redundant.

    You don't state how long you have been with the company, how long you were off sick for, or if you have now returned to work, and if so how long have you been back.

    If your intention is that you want to leave, but extract the maximum you think you are entitled to out of them, by waiting to be given the boot, then for me personally, that's not the right attitude and you might find it difficult to find future permanent employment.

    I assume you were being paid while on your stress leave, and having a permanent job with any company is never a bad thing, so rather than over think the situation, do your job to the best of your ability and if they decide to let you go, then cross that bridge when you come to it.

    You now understand that 6 months PILON is just your basic pay, which will be subject to tax and national insurance and you will not get any benefits with that. You may be asked to work your notice period or you may be put on gardening leave and still get all the benefits of being employed.

    Unless you have read your entire contract, it cannot just say one line that you are entitled to 6 months notice, and that isn't how it would be phrased anyway. If you choose to leave the business, how much notice do you have to give? Is it also 6 months, or maybe 3 months?

    What does your contract say about dismissal and PILON? and redundancy?

    Have you had regular performance appraisals?

    There are loads of questions, which make it impossible to help you further without knowing your situation and the 'theoretical' idea you have that you may get fired on performance related grounds because you have been off on stress leave.

    Easy answer is take your employment contract to an employment solicitor, maybe you will get a half hour free consultation. Let him/her read it and break down what it means for you.
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