Can a settlement agreement specify that notice of termination was given on a date prior to the actual date of notice, or where no notice was given?

For information on settlement agreements generally, see Practice Notes: Settlement agreements in employment—legal requirements, and Settlement agreements in employment—practical and tax issues.

For information on the right to notice and payments in lieu of notice (PILONs), see Practice Notes: Contractual notice and Payment in lieu of notice (PILON).

The right to notice under the contract of employment means a right for the employee to remain in employment for the period of notice, not simply to be paid for it. An employer will therefore often include in the contract an express right for the employer to make a PILON as an alternative to giving notice, to ensure the employer has the option of terminating the employee's employment and removing the employee from the workplace at any time.

If there is a PILON,