2 minute read

Employment and Notice Periods: What Are Your Options?

It’s important to know your options when someone’s employment ends. Assuming notice will be required in order to conclude the employment relationship, the possibilities include:

• Worked notice: the employee works their notice period and is paid as normal. By the last day of employment their notice period will have been worked (and paid) in full.

• Waive notice: the employer and employee agree to reduce, or waive entirely, the notice period. This must be agreed by both parties. The employee’s notice period, and right to notice pay, is reduced/waived accordingly (different rules may apply if the employee is also getting an exit payment).

• Garden leave: the employee is placed on garden leave for their notice period. The employee remains employed, and receives their usual salary and benefits, but is not required to work.

• Payment in lieu of notice (“PILON”): the employer terminates the employee’s employment immediately. Instead, they receive their full notice pay as a PILON (a PILON is often for basic pay only but this should always be checked).

Keep in mind:

• An employee is entitled to their full notice unless they have agreed otherwise. It’s also possible to combine the above: for example, someone works part of their notice period and is on garden leave for the remainder.

• Don’t ‘double pay’: if someone works or is on garden leave for their entire notice period, they won’t also receive a PILON.

• Always check the employment contract: some options should only be used where there is the relevant right in the employment contract/other agreement. Most well drafted contracts include garden leave and PILON provisions. Normally, they’re exercisable at the employer’s sole discretion. www.pdt.co.uk entrepreneurs with the knowledge and tools to succeed.

As an employer, you should always (1) check the employment contract (2) consider the best approach to use and (3) confirm this in writing. If in doubt, get advice!

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