If there is no agreement for PILON or if the agreement does not say what to pay, you must compensate all salaries and benefits that should have been paid during the notice period. Employees can get up to £30,000 tax-free as compensation under a settlement agreement. These include out-of-contract payments and compensation for loss of office or employment. The first £30,000 of the indemnity can normally be exempt from NI taxes and deductions, so the settlement agreement must reflect this. Each severance pay is included in the sum of £30,000. Any payment in place of termination or PILON is also taxable. It`s up to HMRC to decide whether the tax actually needs to be paid, so you can`t just agree with your employer that there is no tax to pay. It is therefore customary to grant tax compensation to your employer in the agreement. PILON is a payment for your notice without having to perform any actual work for the employer. The employment relationship ends on the last working day and not when the employer has terminated the payment instead of the dismissal. This is beneficial for an employee in negotiating a settlement agreement, as it gives them the freedom to find and start a new job before the notice period expires.
If you already have another job before signing your settlement agreement, you should keep it confidential by your former employer, as this could compromise your ability to negotiate. In particular, there is often a clause stating that you guarantee or promise that no new jobs have been offered to you, that must be changed before you sign, or that you could immediately breach the agreement. The changes to payments instead of termination, which came into effect on 6 April 2018, effectively mean that, where part of a termination payment relates to termination payments, it is subject to tax and NCI as a product and no longer depends on whether or not a PILON clause is not in the contract. These provisions require employers to divide a redundancy supplement between amounts treated as income (Section 402B, ITEPA 2003) and amounts benefiting from the exemption of £30,000 (Section 403, ITEPA 2003). In other words, employers must treat as income a portion of a notice supplement that reflects the basic compensation for each portion of a notice period that is not served, by controlling that disk and submitting the NICs. If you are in the process of negotiating a settlement agreement or have questions about your rights, it is important to get independent advice. Our team at Cavendish Law has extensive experience in negotiating transaction and employment law advisory agreements….