What Is PILON (Payment in Lieu of Notice)?
PILON (Payment in Lieu of Notice) explained, a plain-English guide for UK employers.
Short definition
A payment made to an employee instead of requiring them to work their notice period.
The legal definition of PILON (Payment in Lieu of Notice)
A Payment in Lieu of Notice (PILON) is made where an employer terminates the contract immediately and pays the employee the value of their notice period instead of requiring them to work it. Since April 2018, all PILON payments are subject to income tax and National Insurance regardless of whether the contract contains a PILON clause. A contractual PILON gives the employer flexibility; without one, paying in lieu may amount to a breach of contract that voids post-termination restrictive covenants.
Last reviewed 21 June 2026.
Related terms
In-depth guidance
Using payment in lieu of notice correctly
PILON looks simple: pay the notice and end the contract today. The tax treatment and the effect on restrictive covenants are where employers get caught out.
Contractual PILON versus a payment without a clause
| PILON clause in the contract | No PILON clause | |
|---|---|---|
| Nature of payment | Contractual payment for the notice period. | Damages for breach of contract by the employer. |
| Restrictive covenants | Remain enforceable, because you are performing the contract. | At risk. A repudiatory breach can release the employee from post-termination restrictions. |
| Garden leave | Available as an alternative if the contract allows it. | Placing someone on garden leave without a clause is itself risky. |
| Tax | Taxable as earnings in full. | Still taxable as post-employment notice pay under the rules below. |
Tax: post-employment notice pay
Since April 2018 every employer must calculate post-employment notice pay (PENP) on termination. PENP is the portion of any termination payment that represents unworked basic notice. It is taxed as earnings and attracts both employee and employer National Insurance, whether or not the contract contains a PILON clause. Only the balance above PENP can benefit from the £30,000 termination payment exemption.
The statutory formula uses basic pay in the last pay period before notice, the number of days in that period, and the number of unworked notice days. Bonuses, commission and benefits in kind are excluded from the basic pay figure, which often surprises employers of commission-heavy roles.
PILON, garden leave or worked notice: choosing
- Worked notice suits a clean handover where there is no competitive or conduct risk.
- Garden leave keeps the employee bound by the full contract, including duties of loyalty and confidentiality, while keeping them away from clients. Use it where covenants matter most.
- PILON ends the relationship immediately and stops holiday accruing, which is useful where trust has broken down or the role has gone.
- Whichever route you take, deal with accrued untaken holiday, company property, benefits end dates, and any pension contributions in the same letter.
Check before you pay
Statutory notice under section 86 of the Employment Rights Act 1996 is one week per complete year of service up to twelve weeks. If the contract gives less, the statutory minimum still applies and the PILON must reflect it.
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