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Redundancy settlement adviser in West London?

29 replies

whereswaldo · 28/02/2014 10:51

Hi,
I am being offered a redundancy settlement but don't know where to find a third party adviser. Any recommendations/suggestions?

My company will pay up to £500 for someone.

TIA

OP posts:
Kewcumber · 01/03/2014 22:40

That's really interesting - PILON clauses were De rigeur when I was an FD! Agree nothing wrong with taking one month as taxable and three as not taxed but if I were the FD I make sure tax liability rested with individual. I think personally that hmrc would very likely to say 3 months is taxable (to be fair based only on what little info is on this thread) but I have been made redundant twice and never yet been asked for back up so who knows how likely it is.

honestpointofview · 02/03/2014 00:04

Evening Kew - I can see why that was so a while ago. HMRC for many many years argued that even if you do not have a PILION clause in a contract but always gave pay in lieu then the money was taxable. They lost that argument and finally admited that if you do not have a PILON clause then the payment is damages so tax free. It saves the company employer NI costs as well as pension contributions (as employees often do not ask for this). The employee can only get the wages they would have earned during the notice period as damages and nothing more. So nothing to lose and about 13% Employer NI costs saved

100% agree about having a tax liability clause being employee responsibility, I would never advise an employer client to sign an agreement without one. I can see your point about HMRC arguing it. At the moment they seem to be arguing everything;trying to raise as much tax as possible. Also agree it is rare re them checking the specifics of the payment. I have had a few but that is out of thousands and thousands of payments.

whereswaldo · 03/03/2014 10:20

There is nothing in my contract about Payment in Lieu of Notice,
There is simply a clause in the 'Duration' part of the contract that says 'the appropriate length of notice to be given by either party to terminate this agreement is 3 months.

I am arranging to see a lawyer before the without prejudice meeting on Wednesday.

I won't spend the cash so if the tax man comes knocking I will be able to repay the tax if asked- I know I will be liable and not the employer as per terms of the agreement.

OP posts:
whereswaldo · 06/03/2014 14:18

Thanks again all; thought you might like an update.

I mentioned the tax/PILON issue in my without prejudice and after some follow up they increased the PILON to two months instead of one.

I have signed everything now and even the solicitor said I was getting a bloody good deal! I will absolutely be keeping the money back in case the tax man comes knocking.

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