Pay In Lieu of Notice and Calculating the Date of Dismissal – How do I handle it?

Posted in : How Do I Handle It ROI on 21 June 2022
Antoinette Vahey
Issues covered: Date of dimissa; Contractual notice; Statutory notice; Pay in lieu of notice

Antoinette Vahey and Hayley Kitson, RDJ LLP considers this question: 

“We have an employee who successfully passed their probationary period after six months. However, since then we have noticed a serious decline in the employee’s performance and attitude. We would like to terminate the employee’s contract before they reach 12 months service. However, as their contract provides for 3 months notice, by the time it expires the employee will have just over 13 months service. We have reserved the right to pay in lieu of notice under their contract. How do I handle it?” 

The “date of dismissal” issue has come before the WRC for determination on a number of occasions, where an employee

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This article is correct at 21/06/2022

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Antoinette Vahey

The main content of this article was provided by Antoinette Vahey. Contact telephone number is 91 895366 or email

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