“A lot of the work that I do is historic-the maximum sentences change at different points of time. It's really complicated and people get it wrong all the time. That's when having a timeline is really useful.”
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Preparatory steps Secure the employee’s most recent employment contract, together with any variations, related correspondence forming part of the contract, and any company handbook considered contractual Verify the employee’s continuous service particulars, including the employment start date and the dates of any contract amendments during employment Gather pension details: whether the scheme is defined benefit or defined contribution, and whether all employer contributions are fully up to date Identify the basis for the settlement-e.g., in respect of a Workplace Relations Commission (WRC) claim, a redundancy payment, a personal injury claim, or another legal claim Where multiple claims are being resolved, ensure agreement with the employer on how the overall settlement is apportioned to each claim, and that both parties clearly understand the tax treatment of each amount Ascertain any shares or share option schemes held by the employee, paying close attention to any definitions relating to leaver status that apply...
In this issue: Corporate insolvency process Personal insolvency Document review Restructuring Directors and insolvency Creditor participation Employees and insolvency Partnership insolvency International restructuring and insolvency Daily and weekly news alerts New content New Q&As Corporate insolvency process Contested debt and shift from members’ voluntary liquidation to creditors’ voluntary liquidation (Noal SCSp v Novalpina Capital LLP (in members voluntary liquidation)) This ruling makes clear that where a company in members’ voluntary liquidation (MVL) cannot satisfy all liabilities in full, together with interest at the official rate, within the timeframe specified in the directors’ declaration under section 89 of the Insolvency Act 1986 (IA 1986), it must move into creditors’ voluntary liquidation (CVL). There is no solvency assessment available to alter that timeframe. As the entity is already in liquidation, the liquidator lacks any discretion and is required, by IA 1986, s 95, to effect the conversion from MVL to CVL....
Pady & Others (the FDA claimants) v HMRC, Foreign Commonwealth and Development Office and the Home Office [2024] EAT 73 The Employment Appeal Tribunal concluded that permitting the workers to pursue their case afresh, after a separate panel had rejected similar claims by other trade unions concerning the same scheme in 2022, would unfairly subject the government to repeated litigation on the same points. The cohort was known as the FDA claimants because they were represented by the First Division Association, a trade union for civil servants in senior and middle management. They were among several groups that brought claims relating to the Civil Service Compensation Scheme. The claimants contended that the scheme, which introduced a cap on redundancy and exit payments for staff approaching pension age, discriminated against them when compared with their younger colleagues...
This Practice Note considers the practical matters that commonly arise in connection with an employment settlement agreement (previously referred to as a compromise agreement). It also highlights the likely tax considerations and signposts our related Practice Notes for fuller guidance. For details of the legal requirements (that is, the conditions governing settlement agreements) that must be satisfied for an agreement to be binding and effective to compromise statutory employment claims, see Practice Note: Settlement agreements in employment—legal requirements Parties to the agreement Where the employer is an individual, or a company with a straightforward corporate set-up, the parties to the settlement agreement will be the employer and the employee, with no necessity to mention third parties. However, the identity of the employing entity may not be simple, eg within a more complex group structure where: the employee works, or has worked, for other companies in the employer’s group, eg on secondment the employee performs their duties for one company but is paid by another...
ARCHIVED This archived Practice Note is not being maintained and is supplied for background purposes only. It covers the original Coronavirus (COVID-19) Job Retention Scheme (CJRS), first unveiled by the government on 20 March 2020, which applied from 1 March to 30 June 2020. For information on: the extended CJRS operating between 1 May and 30 September 2021, see Practice Note: Coronavirus Job Retention Scheme (extended version 1 May to 30 September 2021) [Archived] the extended CJRS in effect from 1 November 2020 to 30 April 2021, see Practice Note: Coronavirus Job Retention Scheme (extended version 1 November 2020 to 30 April 2021) [Archived] the revised CJRS running from 1 July to 31 October 2020, see Practice Note: Coronavirus Job Retention Scheme (extended version 1 July to 31 October 2020) [Archived] The CJRS was a temporary initiative, originally intended to run for three months from 1 March 2020. On 17 April 2020, HM Treasury announced an extension to 30 June,...
This Practice Note This Practice Note sets out when an employee can receive a payment from the state guarantee fund (the National Insurance Fund), i.e. a ‘fund payment’, and identifies the categories of employer liability that can trigger such a payment. It addresses sums due from an employer to an employee as a statutory redundancy payment, a sum due under a formal settlement agreement, and a sum due under a collective agreement, where the employer either declines to pay or is unable to do so because it is insolvent following a voluntary liquidation or compulsory liquidation process, a winding-up order being made, or the opening of collective insolvency proceedings. It further covers interest accruing on late payment, the steps for bringing a claim, the relevant limitation periods, the information to be supplied to the Secretary of State (the Insolvency Service), and the transfer (by subrogation) of the employee’s rights and remedies to the Secretary of State once a fund payment has been made. It also lists other employee debts...
This Agreement is entered into on [ insert date or leave date blank ]. Parties [ Insert Employer’s name ], whose registered office is at [ insert Employer’s address ] and whose company registration number is [ insert Employer’s company number ] (‘Employer’); and [ Insert Employee’s name ] of [ insert Employee’s address ] (‘you’) Recitals [ Your employment with the Employer [ or the Group Companies ] has been ongoing since [ insert date employment started ] OR you were employed by the Employer and/or the Group Companies from [ insert start date ] to [ insert Termination Date ] [ , latterly ] ] under [ a contract of employment OR service agreement ] with the Employer dated [ insert contract date ] (Employment Contract). [ You are presently bringing a claim in the employment tribunal against the Employer [ and [ insert details of any other parties to the relevant tribunal claims ] ]...