Settlement Agreements
Hello and welcome back to our case of the week. Last time, we examined recent case law regarding protected disclosures and cost awards. If you missed it, don’t worry...you can catch up here. This week’s case focuses on a “without prejudice” meeting where an employer offered a quick-turnaround settlement agreement, with redundancy as the fallback [...]
Non-disclosure agreements are at the forefront of this month’s employment news. It comes following an academic from the University of Liverpool breaking a controversial non-disclosure agreement to speak out against bullying on campus. Anahid Kassabian, 59, a former music professor at the University of Liverpool, claimed that she was “bullied out” of her 10-year position. […]
Whilst tax never makes the most interesting reading, it can be extremely useful to know how it is changing. Those of you who are experienced in negotiating settlement agreements will know that the first £30,000 is tax and NI free – provided there isn’t any PILON or PENP – and anything over that figure is […]
We previously covered the tax tribunal case of Moorthy v HMRC. In brief the facts are: Mr Moorthy was made redundant and received £10,000.00 He then bought unfair dismissal and discrimination claims of which resulted in a settlement worth £200,000.00 Having already received £10k tax free, only £20k of the award was treated as being […]
Taxing PILON Payments For years it has been possible to make a payment in lieu of notice to employees whose contract of employment does not contain a pay in lieu of notice (PILON) clause without deducting tax and NICs. For employments terminating on or after 6 April 2018 there will no longer be this option. […]
Welcome back to Case of the Week. Last week’s bumper newsletter examining NMW rates, the apprenticeship levy, ACAS tattoo guidance and modern slavery. This week’s case will be looking at settlement agreements. We recently covered a case that said without prejudice discussions could be admitted as evidence if they are not labelled properly and this case goes further by […]
Hello and welcome back to Case of the Week. Last week we had a bumper newsletter which included articles on bank holiday working, Sports Direct, Byron Burger and race discrimination. This week we will be looking at protected conversations. This case is a must read for those who wish pre-terminations discussions to remain confidential and […]
Some of you may have heard about a recent Man Utd game that was called off due to a bomb scare. It was later revealed that the ‘bomb’ was a dummy that had accidently been left there after a security exercise. The cost of re-organizing game is estimated to be £3m and the incident caused […]
This month’s newsletter should have come with the subtitle – A Tale of Two Jeremys. After nearly a year Jeremy Clarkson has apologised to producer, Oisin Tymon, and agreed to pay him (in joint with the BBC) £100,000.00 to settle any racial discrimination and personal injury claims. By settling out of court the BBC and […]
Another week, another case. After a long week of stormy weather and associated British small talk we thought it would be best to cut to the chase, not bother with a tenuous link and get stuck into a case about redundancy and TUPE. For those of you who already had your fill of TUPE last […]
This tax case asks whether the £30,000 tax free exemption on settlement agreement sums is applicable if the employee has already received redundancy pay? Mr Moorthy, the Claimant, was made redundant by Jacobs Engineering Ltd. He received £10,000 in statutory redundancy pay but then bought unfair and age discrimination claims against Jacobs. The claims were […]
Hello, I would like to be able to tell you that our final Case of the Week of the year will be a happy affair to match the seasonal excitement many of us are feeling by mid-December. However, when the case concerns victimisation and race discrimination it is seldom merry. To rub salt into the […]
Round two. This case deviates away from employment law and instead focuses on tax law regarding settlement agreements. Before you nod off I would like to add that while the cases we cover in Case of the Week go to court, most claims are resolved out of court via a settlement agreement which is why […]
Every month there is always a HR/ Employment Law story that makes headline news because it is either hilarious, sensationalist, ridiculous or down right stupid. This month’s wooden spoon award goes to a 35 year old teacher from Suffolk, who was arrested after being found to keep a meat cleaver in his drawer. The teacher […]
