Dismissal on Notice Conduct of Performance (Short Serving Employees) Letter
Important notes for Employers:
The Employer should be aware that, where it makes a payment in lieu of notice and there is no contractual right to do so, there is a risk that it may not be entitled to enforce any restrictive covenants that are contained in the Employee’s contract of employment.
Please also note that in most circumstances it is unlawful for an Employer to deduct wages from an Employee unless the Employee has given their written consent to this in advance, or there is a relevant provision in their written contract of employment permitting this. The Employer can only deduct overpaid holiday pay on termination of employment if there is express provision for this in the written contract of employment or a provision which is contained in a “relevant agreement”.