All items: Pay in lieu of notice

• expand

  Abrahams v Performing Rights Society [1995] IRLR 486 CA (1 report relating to this case)

  • Contracts of employment: Contractual entitlement to payment in lieu of notice

    Date:

    1 September 1995

    In Abrahams v The Performing Right Society Ltd, it is held that there is no duty to mitigate where an employment contract provides for termination on payment of a sum in lieu of notice.

• expand

  Atherton v Bensons Vending Ltd ET/2411749/2018 (1 report relating to this case)

  • Social media misconduct: Dismissal without notice pay leads to wrongful dismissal

    Date:

    10 May 2019

    In Atherton v Bensons Vending Ltd, an employment tribunal held that a small employer fairly dismissed an employee who made a personal attack on the managing director on Facebook. However, the claimant's wrongful dismissal was upheld because the employer could not show that his behaviour was so serious that it was entitled to dismiss him without notice pay.

• expand

  Baldwin v British Coal Corporation [1995] IRLR 139 HC (1 report relating to this case)

  • Contracts of employment: Employee "traded" notice rights for redundancy bonus

    Date:

    1 July 1994

    An employee who took voluntary redundancy on very short notice in order to receive a bonus payable only to employees dismissed by a certain date, could not later claim damages representing pay in lieu of his contractual notice entitlement, holds the High Court in Baldwin v British Coal Corporation.

• expand

  Burlo v Langley and another [2007] IRLR 145 CA (1 report relating to this case)

  • Unfair dismissal compensation: Norton Tool not general authority for awarding more than actual loss

    Date:

    16 February 2007

    In Burlo v Langley and another [2006] EWCA Civ 1778 the Court of Appeal holds that an employee's compensation for lack of notice was restricted to her actual loss where she would have been in receipt of statutory sick pay during the notice period.

• expand

  Cavenagh v William Evans Ltd [2012] IRLR 679 CA (2 reports relating to this case)

  • 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.

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

    Date:

    29 May 2012

    The Court of Appeal has held that a debt claim for a company's failure to provide pay in lieu of notice to a former employee could not be defended by the discovery after the termination of employment that he committed gross misconduct while in employment. 

• expand

  Cerberus Software Ltd v Rowley [1999] IRLR 690 EAT (1 report relating to this case)

  • Breach of contract: Employer was liable to make payment in lieu of notice without deduction for mitigation

    Date:

    15 September 1999

    A provision of a contract of employment, which entitled the employer to terminate the contract either by giving the employee notice or summarily on paying him in lieu of notice, did not give the employer a third option of giving no notice and making no, or less than full, payment, holds the EAT in Cerberus Software Ltd v Rowley.

• expand

  Cerberus Software Ltd v Rowley [2001] IRLR 160 CA (1 report relating to this case)

  • Pay in lieu of notice: Unpaid pay in lieu of notice was not recoverable as a debt

    Date:

    1 March 2001

    Where a contract of employment provided that "the employer may make a payment in lieu of notice to the employee" and the employer chose to summarily dismiss the employee without cause or pay in lieu of notice, the employee's claim was for damages for wrongful dismissal, subject to his duty to mitigate his loss, and not for a sum due under the contract, holds the Court of Appeal, by a majority, in Cerberus Software Ltd v Rowley.

• expand

  Clark v Secretary of State for Employment [1995] IRLR 421 EAT (1 report relating to this case)

  • Equal pay: Article 119 covers notice pay on employer's insolvency

    Date:

    1 July 1995

    The EAT holds in Clark v Secretary of State for Employment that pay in lieu of notice is "pay" within the meaning of Article 119, even if the payment is made by the Secretary of State for Employment out of the National Insurance Fund where the employer is insolvent.

• expand

  Clark v Secretary of State for Employment [1996] IRLR 578 CA (1 report relating to this case)

  • Equal pay: Pregnancy exclusion did not amount to sex discrimination

    Date:

    1 November 1996

    An employee who was on maternity leave when her employment was terminated because of her employer's insolvency was not entitled to receive from the Secretary of State a sum equal to the pay in lieu of notice she would have received from her employer on dismissal, holds the Court of Appeal in Clark v Secretary of State for Employment.

• expand

  CRS Computers Ltd v MacKenzie [2002] All ER (D) 173 (May) EAT (2 reports relating to this case)

  • Will the law change on restrictive covenants?

    Date:

    22 October 2002

    How should employers react to a recent case that casts doubt on when restrictive covenants are enforceable?

  • Case roundup: company car policy and sex discrimination

    Date:

    11 June 2002

    This week's case roundup from Eversheds, covering company car policy and sex discrimination.