Changes in termination letter

[Michael14]

Hello,

I posted the same topic in legal section of forum, however I later saw that this section is the right one. Sorry about this.

I am an employer, and I sent termination of contract letter to one of my employees.

In termination letter, I was very kind, and offered some benefits that were more than original contract stated, such as termination date to be in 6 weeks instead of 4 weeks from the day letter was sent. Based on contract I was obligated to give notice period of 4 weeks but due to Corona situation I wanted to offer him more time to increase chance to find job and extended the notice period.


However, I heard many negative things from that employee, as well as negative things from him to other members of our team. Furthermore, he did some other things which are private, but made me regret my decision to offer extra 2 weeks of employment.

Is it possible that I change termination date to be as it was supposed to be based on contract of employment?

Or the termination letter I sent has more legal power than original contract and now he has full 6 weeks of notice I offered him regardless of 4 weeks stated in contract and that is impossible to change?

Thank you!

 

[Lucan Unlordly]

I'm no expert on this but depending on the way the letter is worded could you not explain it away as a typing error?

I fully understand why you made the offer but have learnt to have a less trustworthy attitude towards employees. At a 20 year works reunion, 3 former colleagues/friends and a manager that i'd promoted told me that they were often horse riding, going to the pub etc., on my regular day out of the office. It didn't matter at the time as targets were being hit but it certainly helped focus my attention.

 

[Awinner2]

Just pay him the six weeks, tax-free as it is in lieu of notice, and move on with your normal business. Get him out of your business now.

 

[BeauLacey]

pay him the six weeks, tax-free as it is in lieu of notice, and move on with your normal business. Get him out of your business now.

DONT! Pay in lieu of notice is not tax free

 

[MikeJ]

Well it might be. It depends on the contract of employment.

 

[BeauLacey]

Well it might be. It depends on the contract of employment.

This changed a couple of years back. All contractual and non-contractual PILON payments are subject to income tax and National Insurance deductions.

 

[Rebecca_J_T]

This changed a couple of years back. All contractual and non-contractual PILON payments are subject to income tax and National Insurance deductions.

Seconded. True since 2018.

 

[MikeJ]

I'll update the stuff I keep in the back of my mind.

 

[BustersDogs]

Just ask him not to come in. Pay him the notice you gave him in your last letter and move on, call it a lesson learned. People who are sacked are usually not grateful to the person sacking them...

 

[Alison Moore]

I'm not an employment expert, but I can't see that you can change the written terms of a termination after it has been handed to a member of staff. I would however tell him not to work the rest of his notice period, otherwise he'll just poison all the other staff against you. However bear in mind, you've laid him off, he's now unemployed at one of the worst times in history to be unemployed, so he's going to be resentful. Also, most staff think that business owners are 'rolling in it', and if you lay them off you're just being greedy. They literally could not care one iota if you've had to re-mortgage a dozen times and owe a small fortune on credit cards.

 

[Financial-Modeller]

It sounds like trying to change your written terms following a change of mind could cause you more headaches, and the maximum upside for you is recovering the 10 days salary that you were happy to when you made the offer @Michael14

As others have suggested, stick with your agreed terms but tell the employee that their services are no longer required and off-board them now.

Don't be so generous next time; keep to statutory / contractual terms as you can always reflect kindness with a termination bonus or leaving gift if you choose to.

 

[Awinner2]

This changed a couple of years back. All contractual and non-contractual PILON payments are subject to income tax and National Insurance deductions.

Thanks for the update. It's been many years since I employed anyone! And even then my external accountant did all that for me. Back to my beer in the garden!!!