Redundancy question


Don’t let it lie.
That happens a lot, sadly. They're hoping you go away.
Had ACAS on the phone, they have made an offer which give or take £10 is what I had calculated , all subject to tax and NI of course. If I had received this money correctly with my last pay the company would have contributed 5% of the figure they have offered to my pension pot, am I being unreasonable to ask that this still happens?
 
Had ACAS on the phone, they have made an offer which give or take £10 is what I had calculated , all subject to tax and NI of course. If I had received this money correctly with my last pay the company would have contributed 5% of the figure they have offered to my pension pot, am I being unreasonable to ask that this still happens?

It's usually a contribution match and you won't have contributed either. You could ask, but I wouldn't be confident of them agreeing.
 
It's usually a contribution match and you won't have contributed either. You could ask, but I wouldn't be confident of them agreeing.
To be honest mate I was contributing 11% and I have told ACAS I am happy for 11% of the settlement figure to be deducted as should have been and put into the company pension. I don't see why the bastards should get away with a penny. Also what does COT3 mean ? 🤔🤔
 
To be honest mate I was contributing 11% and I have told ACAS I am happy for 11% of the settlement figure to be deducted as should have been and put into the company pension. I don't see why the bastards should get away with a penny. Also what does COT3 mean ? 🤔🤔
It's just a term for a full and final agreement between you and your employer for compensation. Basically means you can't accept it then take them to a tribunal later.

Your settlement will be ex gratia, so if it makes you feel any better you'll save the 20-40% tax that you otherwise would have paid.
 
Last edited:
It's just a term for a full and final agreement between you and your employer for compensation. Basically means you can't accept it then take them to a tribunal later.

Your settlement will be ex gratia, so if it makes you feel any better you'll save the 20-40% tax that you otherwise would have paid.
Thanks for that mate. 👍 According to the woman from ACAS and it mentions it on an email she sent me about an hour ago the settlement is going to be subject to tax and national insurance ?
 
Thanks for that mate. 👍 According to the woman from ACAS and it mentions it on an email she sent me about an hour ago the settlement is going to be subject to tax and national insurance ?

It'll depend on how it's drafted/worded. If they're agreeing to pay you wages then it should be taxed, but equally they should be paying your pension contributions.

If it's general compensation then it'll probably be tax free.
 
It'll depend on how it's drafted/worded. If they're agreeing to pay you wages then it should be taxed, but equally they should be paying your pension contributions.

If it's general compensation then it'll probably be tax free.
That's a fair comment mate, I shall use that if they don't agree about the pension. At the end of the day I'm agreeing to pay my normal 11% pension contribution out of the settlement. It's not as if I'm trying to screw more money out of them without some sacrifice on my side.
 
That's a fair comment mate, I shall use that if they don't agree about the pension. At the end of the day I'm agreeing to pay my normal 11% pension contribution out of the settlement. It's not as if I'm trying to screw more money out of them without some sacrifice on my side.
Good luck mate, they sound like a terrible employer.
 
Good luck mate, they sound like a terrible employer.
Had a reply from ACAS re pension, the company have said that as I have left they are unable to make any payments into my pension scheme. Starting to get pissed off with these, think I'm going to go online and start the ball rolling for a tribunal. I have the certificate needed from ACAS to do so now.
 
Had a reply from ACAS re pension, the company have said that as I have left they are unable to make any payments into my pension scheme. Starting to get pissed off with these, think I'm going to go online and start the ball rolling for a tribunal. I have the certificate needed from ACAS to do so now.
I wouldn't risk that over a pension payment, personally.
 
I wouldn't risk that over a pension payment, personally.
I get what your saying mate but surely there is very little to no risk for me ?
Surely the withheld salary is a given, the worst that could happen would be the judge tells me to swivel for the pension payment ?
I'm thinking of making a counter offer asking for an extra sum to cover the pension payment so that I can pay it into my pension myself as its still open for me to do that even though the company can not. You would think the company would go for that rather than the expense involved in attending an employment tribunal ?
 
I get what your saying mate but surely there is very little to no risk for me ?
Surely the withheld salary is a given, the worst that could happen would be the judge tells me to swivel for the pension payment ?
I'm thinking of making a counter offer asking for an extra sum to cover the pension payment so that I can pay it into my pension myself as its still open for me to do that even though the company can not. You would think the company would go for that rather than the expense involved in attending an employment tribunal ?
A sensible counter offer like that is probably the best bet.
 
Counter offer worked mate, I asked for a straight 2k when original offer was £1732. The pension I was arguing about was only £86 so I suppose I'm a couple of hundred quid up or so. 👍👍 probably was not worth their time and effort going to a tribunal over it.
Brilliant result mate. Now you can shit in their postbox.
Hopefully it'll be structured as a generic compensation as opposed to back pay. Then it should be tax free too. Fingers crossed.
 
Last edited:
They've massively tightened up the law around the tax treatment of redundancy payments in the last couple of years. If its a genuine statutory redundancy payment or an ex-gratia payment then it will be tax free, but to any extent it is back pay or payment in lieu of notice it will be taxed. You can't dodge the tax by calling a PILON an ex gratia payment any more.
 
They've massively tightened up the law around the tax treatment of redundancy payments in the last couple of years. If its a genuine statutory redundancy payment or an ex-gratia payment then it will be tax free, but to any extent it is back pay or payment in lieu of notice it will be taxed. You can't dodge the tax by calling a PILON an ex gratia payment any more.
£1736 is unlawfully withheld salary, I asked to round it up to a straight 2k to compensate for the 5% contribution that they would have put into my pension pot if I had been paid correctly at the end of October and all the piss on I've had dealing with it. So I'm not sure what they will tax me on ? The full 2k I'm expecting ?
 
Last edited:
£1736 is unlawfully withheld salary, I asked to round it up to a straight 2k to compensate for the 5% contribution that they would have put into my pension pot if I had been paid correctly at the end of October and all the piss on I've had dealing with it. So I'm not sure what they will tax me on ? The full 2k I'm expecting ?
I'd expect the £1736 to be taxed and the difference to be treated as an ex gratia payment and not taxed, but given everything you've said about your old HR department there's every chance they'll tax the whole lot or none of it.
 
They've massively tightened up the law around the tax treatment of redundancy payments in the last couple of years. If its a genuine statutory redundancy payment or an ex-gratia payment then it will be tax free, but to any extent it is back pay or payment in lieu of notice it will be taxed. You can't dodge the tax by calling a PILON an ex gratia payment any more.
You can still get away with it if it's pure compensation iirc. It'll depend on how the offer is worded.
I'd expect the £1736 to be taxed and the difference to be treated as an ex gratia payment and not taxed, but given everything you've said about your old HR department there's every chance they'll tax the whole lot or none of it.
Yeah, that's probably most likely, but as you say, who knows with those jokers.
 
Last edited:

Back
Top