When is PILON not PILON - getting the terminology right in a dismissal letter

Monday, 11 July 2011 00:00

In the recent case of Publicis Consultants UK Ltd –v- Ms F O'Farrell the Employment Appeal Tribunal decided that an employer whose dismissal letter had referred to paying the employee an "Ex Gratia" payment equivalent to the employee's notice period, 3 months in this case, had not actually paid the employee's notice pay – even though that is what the Employer intended. Accordingly, the employee was awarded her notice pay as well – effectively being paid twice as much as the employee was entitled to.

On the judgment, Tozers' Exeter employment law partner Paul Kelly said "this is another example of the tribunals requiring employers to be precise in the terminology used during dismissal processes and the case highlights how easy it is to get things wrong."

For further advice on this or any other employment topic, contact Paul or the employment law team on 01392 207020 or email This e-mail address is being protected from spambots. You need JavaScript enabled to view it .