Pay in lieu of notice: discovery of gross misconduct after termination did not absolve employer of debt

This report relates to 1 case(s)

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  Cavenagh v William Evans Ltd [2012] IRLR 679 CA (1 other report)

  • Pay in lieu of notice: PILON due despite gross misconduct discovered after dismissal

    Date:

    6 November 2012

    In Cavenagh v William Evans Ltd [2012] IRLR 679 CA, the Court of Appeal held that an employer that elected to terminate a contract of employment by making explicit use of an express pay in lieu of notice clause could not avoid the obligation to make the payment in lieu of notice by relying on prior misconduct by the employee that was not noticed until after the dismissal.