A payment in lieu of notice is made in circumstances where an employee is not required to work their notice period but is paid a sum of money instead. For such a practice to be lawful the contract of employment must expressly permit this, or, in the absence of a written clause, the employer and employee must agree to this. Enforcement of a payment in lieu without the contractual right or agreement to do so may be viewed as a breach of contract. In circumstances where such a payment is made the Effective Date of Termination is usually the last day worked, unless the employee is on a period of Gardening Leave – where they are paid as normal during the notice period, but not required to work it. In this case the Effective Date of Termination is normally the date the notice period expires.See:
The Agency’s Enquiry Point is available to employers, employees, trade unions and others. Enquiry Point advisors provide information and advice on a wide range of employment matters. The Enquiry Point is also an important contact point for identifying circumstances, or clients, who would benefit from being referred to other Agency services.
The Enquiry Point provides clear, confidential, independent and impartial advice to assist the caller in resolving issues in the workplace.
While the advisors cannot provide a legal opinion they can help callers gain a better understanding of their rights and responsibilities as well as identifying possible options to help resolve their issues.