I only ask because ACAS suggested that unless it was specified in my conract that my company could pay me in Lieu then I had the right to continue working.
Working for my 3 months would take me into week 26+ of pregnancy and would mean that I can claim SMP from my emplyer.
Can I insist I work my notice? Pay in Lieu of notice
- 30-12-08, 04:55 PM #1loulou
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Can I insist I work my notice? Pay in Lieu of notice
- 02-01-09, 02:10 PM #2
Hi and Happy New Year.
Pay in lieu of notice is money paid to you as an alternative to being given your full contractual notice. This can be set out in the contract as an option for your employer.
Have you checked your contract of employment? If there isn't a PILON clause, I would advise that you discuss this with your employer as they would technically be in breach of contract of employment is they pay you a lump sum salary payment, instead of you working your contractual notice.
PILON is often paid to limit the breach of contract. In the majority of cases, employees suffer no great loss of the breach of contract and welcome the pay but in your case you will have significant loss due to your rights to Statutory Maternity Pay (SMP).
I hope this has answered your question but do return if I can be of any further help or to let me know whether there is a clause in your contract.Clara Buckingham
(Any advice I submit to Redundancy Forum is given in good faith without any further liability or obligation).

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