Work sacked him during his notice period

[Mumto2at]

So my husband gave his 4 week notice to his employment 10 days ago, it annoyed his boss tbh but they treat their staff like crap.
anyway he got pulled into work today and told to go spend time with his family before he starts his new job, got given a letter of end date of employment dated today and his services are not required during his notice period, employment ended with immediate effect.
you will receive payment in lieu of your contractual notice period including holiday leave will be paid.
he starts his new job end of November. Does this mean they've pretty much sacked him so they don't need to pay the notice period?

first time an employers done this to him, he's given 110% to this job to so we're annoyed

He’s being paid to sit at home. The same amount as hed have received had he gone to work for his notice period.

It’s good. This sometimes happens in industries that they think he could steal and sell secrets etc. for example it happened to me in a stocks and shares environment once as theyd fear I’d pinch the valuable share certificates! (They were like postal orders, finders keepers lol).

As others have said this is a great result. He's got a month off work on full pay until he starts his new job. He could if he wanted to contact his new employer and let them know he could start earlier but he wouldn't be obliged to do so. Or he can have a month off which might be more useful as a family as he's been given this bonus time so use it wisely!

A PILON is not consistent with immediate sacking. They will be entitled to do this and it’s nice free time off for him.

they have confirmed the end date is the date his actual notice stated? and that he will have his outstanding holiday paid out?
That's a win. He is being paid to do nothing,

Result!! Was trying to get my work to give me gardening leave when I was leaving.

He could not do this without the permission of his current employer

I wouldn't be annoyed! I would enjoy my laid break before starting the next job. Winner!

I’m working my notice now. Wish they would pay me in lieu of notice. But no, they want their pound of flesh.

What is his contractual notice period and how long has he worked there?

If his contractual notice period is 4 weeks then they’re giving him 10 extra days so I wouldn’t complain.

Alternatively, is he’s now getting less pay but is under 2 years service there’s nothing you can do.

If he’s got more than 2 years service and is now going to be receiving less pay he should contact ACAS about unfair dismissal.

Wrong. Not if he’s been paid in lieu of notice and employment terminated with immediate effect which is what the OP said.

You would be correct if he was on gardening leave but he’s not.

He doesn’t have a current employer, they’ve dismissed him with immediate effect so he’s free to do what he wants, including starting his new job early.

Although they may wrongly be suspicious about his reasons for suddenly being free to start.

It’s gardening leave and quite common in a lot of professions. They don’t want your husband taking information, clients etc to new job so will terminate his access to their systems.

How nice of them! Weird that you've taken it so badly though!

He's not been sacked he just doesn't have to work his notice and is still going to be paid in full.

You’ve literally typed that they’ve said they will pay him in lieu of his notice period… and then asked if that means they won’t pay him. They’ve literally told you they will pay him. This is a bonus for your DH, i hope he enjoys his time off

It’s not garden leave.
Garden leave is a future dated end date, and paid not to come in. They can recall you at any moment within this.
OP said termination date is immediate - which is an absolute result. Call the new employer & offer to pull forward the start date by 2 weeks and enjoy a week off in the meantime!

Yes, it sounds like gardening leave. He will get paid but they don't want him around (lucky him)!

ETA: X posted with above poster! Even better than gardening leave then

I have zero idea why you're annoyed about this OP

FFS IT’S NOT GARDENING LEAVE!!

I’m an employment solicitor and the wildly inaccurate statements regarding employment issues make me distrust any advice on this site.

PILON clauses in employment contracts frequently contain provisions to the effect that if you want to take up new employment during the period to which the PILON relates, it requires the consent of the former employer. He would be well advised to check his employment contract rather than take third-hand advice via his wife and the internet.

They don’t. Garden leave clauses say that. PILON clauses are different .

I’ve never heard of that or seen that used, what a bizarre clause.

If you are dismissed then you no longer work for the employer and they cannot decide what you do in that time. I can’t imagine a clause that’s states an individual should act like an employee of a company when no longer employed by them would stand up as reasonable if bought to tribunal/court.

I’m a lawyer and we’ll have to differ since I have had several cases where the PILON clause said exactly that.

Gardening leave.

Win win. Surely that’s the dream when you resign. Get paid to stay at home. Result