Varying notice by employer
[ch 8: page 66]An employer may attempt to cut short the notice period by making a payment in lieu of the notice (PILON) entitlement. Notice pay should include the value of any contractual benefits the employee would have earned had they been employed during the notice period. However, unless the employee agrees to bring forward their date of dismissal, the original date will stand (HW Smith (Cabinets) Ltd v Brindle 1973 ICR 12).
If the employee agrees to bring forward the date of termination of their employment, the three-month time limit for bringing an unfair dismissal claim will run from the earlier date (Palfrey v Transco plc [2004] IRLR 916).
If the employer issues a new notice of dismissal instead of trying to vary the date, then the new date will be effective (Parker Rhodes Hickmotts Solicitors v Harvey [2012] UKEAT 0455/11).