header-logo header-logo

19 May 2011 / Melanie Adams
Issue: 7466 / Categories: Features , LexisPSL , Employment
printer mail-detail

Termination by stealth

Melanie Adams considers how to end an employee’s contract without telling him

Where a contract of employment contains an express contractual right to do so, an employer may lawfully terminate the contract without notice by making a payment in lieu of notice (PILON).

But must the employee be notified that a payment in lieu of notice is being made in order for a PILON clause to take effect and terminate the contract immediately? This was the main issue for resolution in Société Générale v Geys [2011] EWCA Civ 307, [2011] All ER (D) 350 (Mar).

The point was worth €2.5m to the claimant.

Facts of the case

He was employed by the defendant bank in its London branch. A major part of his remuneration package consisted of the bank’s discretionary bonus scheme and fixed income sales scheme.

His contract of employment contained the following clause: “[The bank] reserves the right to terminate your employment at any time with immediate effect by making a payment to you in lieu of notice (or, if notice

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
back-to-top-scroll