PILON is only taxable if provided for in your contract. Therefore, we could assume that your employer is paying contractual PILON, due to the payment being taxed.

 

But where we need detail is as per that holiday payment... is your employer paying 7 days, or 5 days... ie. if you work a 5 days week and then be off at the week end, then a week's work is 5 days, thus taking a week off would mean 5 days holidays, plus 2 days off (ie. weekend)... and if it is the case, your EDT would be 31 May 2011, date of that letter...

I would be shocked if the PILON is in the contract of employment, i know people who have been there 30 years and never had a contract or employment particulars, if i requested one i don't think they could provide one.

As for the holiday, i know i got 28 days a year, i only know this as i was told by the girl in accounts.

Is the holiday 5 or 7 days??? i really don't know, all i know is that if i had a week off then they would take 7 days off the 28.

My working hours would very from working upto 21 days straight to having 3 days in a week off, no pattern at all

On the last rota (April, May, June) i have on averaged 2 days a week off but the first 3 months on the rota i only got one day a week off.

As a team in March we did say we were working to many hours as i know i averaged 61 hours a week (without opt out) for the first 3 months but this came down to around 50 on this rota.

Are you sure about your second statement? (Please, check against that payslip you must have which shows your previous holidays)...

If it is the case, then your employer paid accrued holidays to the end of June 2011, thus bringing your EDT to 30 June 2011...

On the pay slip where it says holiday taken shows 0.00

All it says is holiday pay £237.50, it has no days or hours on it.

The pay slip doesn't even show the week i have taken in April. Looking at April's pay slip it doesn't show any holiday taken, just my normal basic wage plus commission less deductions.

They have paid me 7 days Holiday, If i take my basic of £950 divided by 4 (7 days x 4 = 28 days) they have paid me £237.50. So 7 days has been paid to me.

Therefore, if you are sure that those £237.50 correspond to 7 days holidays, your EDT is 30 June 2011... and you may make a note of the fact that on occasions when you have taken holidays, you were paid 7 days for a week holiday...

Thanks bigredbus,

I will make a note of this, once i have done my ET1 POC, is it ok to post on here??? also should the case be included on it that sidewinder stated above???

Hi Gaz. I just wanted to congratulate BRB on the detective work. You're having one of your Perry Mason days, aren't you BRB? [i know PM wasn't a detective, but you know what I mean.]

HB x

LOL... Who's that Perry Mason? A CAGGER?... LOLOLOL...

LOL... Who's that Perry Mason? A CAGGER?... LOLOLOL...

http://en.wikipedia.org/wiki/Perry_Mason

I hope this help

LOL... Thanks Gaz... I have some idea who the man is... Was just joking with our lill' bee! LOL

Right

 

I now have two great references in hand from my sales and business manager.

The Letter that was handed to me was signed by the sales Manager.

 

Also over the last few days i have been doing a lot thinking and i have found out that this company that has come in to look at figures, they interviewed everyone in the sales department but they didn't bother with me I was the only one not to be interviewed or spoken to.

 

I have been doing a lot of reading over the last few days due to having time on my hands but i can't seem to find any help really regarding the ET1 form and how i should fill it out.

 

Also I have been looking a bits on the net and i am unsure regarding the PILON payment and when my employment will be class as terminated. Some say there and then but it will be breach of contract if the previsions are not there for a Pilon payment and some say it can be added to my employment which would make me over 12 months

 

http://www.payandbenefitsmagazine.co.uk/pab/article/legal-comment-pilons-sufficient-to-terminate-contracts-12318802 - this case has put doubt in my mind

I will copy and paste the article if i am not allowed to link or you don't want to click the link.

There was contractual provision for PILON in this case, there wasn't in yours.

There's the difference.

Hello everyone, BTW. Have ya missed me?

Thanks Rachel, we have all missed you did you have a good trip.

Thanks Rachel, we have all missed you did you have a good trip.

Fantastic. Ran over a badger and a red squirrel within 5 minutes of each other.

Then we went to a garlic farm. Doesn't get better than that.

Huh!... Squirrel pie???

Welcome back!

Huh!... Squirrel pie???

 

Welcome back!

I was tempted, but it was a bit squashed. They're a lot smaller than the grey ones, really cute.

I was tempted, but it was a bit squashed. They're a lot smaller than the grey ones, really cute.

Even smaller after you had run over it!

Hi All, Sorry i have been away, my laptop died on me

I now have 2 references and i am just putting the finishing touches to my POC, would it be possible for someone to check them for me just to make sure i don't miss anything.

Also is it the county court i file the paperwork and is there a cost to it???

Employment Tribunal Gaz, if you're going for unfair dismissal, non-payment etc.

http://www.justice.gov.uk/guidance/courts-and-tribunals/tribunals/employment/claims/using-forms.htm

Thanks Rachel

Would it be ok for me to cash this cheque that they have given me??? If i take 3 or more copies of it with the wage slip????

I am just thinking if i start action against them they may cancel the cheque

Can't see why not. Just make sure you do have good copies.

Hi all, Sorry I have been away I have been in hospital for nearly 6 weeks really ill but feel alot better now.

I am coming up to 3 months since i was sacked, so i am going to put my paper work in tomorrow morning. I have the claim for nearly complete, just need to put my POC on it which it asks for a lead up to what happened on the day I was sacked.

Please correct me if this is wrong

Does anyone know if this can be filed online or where it needs posting to, i can't seem to find the address??

Hi all,

Just an update, I have filed online so all i need to now is sit and wait, will keep you informed as soon as i hear something.

Thank you all so far for your help and support

Got a few things to add to this and appologies if its been mentioned already.

If you are claiming unfair dismissal then you have to have worked there for min of 12 months.

However if you are claiming unlawful dismissal and IMO this is unlawful as there was no investigation nor disciplinary hearing then there is no min time that you are required to have worked before you can claim.

whats IMO Paul???

thanks for the reply