You may be aware that payments to employees – in respect of the termination of their employment – can be paid free of tax and national insurance contributions up to £30,000 (“termination payment”). If any part of the payment relates to notice pay which may either be set out in the employee’s contract or the statutory minimum notice period under the Employment Rights Act 1998, then tax may need to be paid on this part of the termination payment. Whether notice pay can be paid tax free or should be treated as a taxable emolument will depend on what the employee’s contract says or the employers previous conduct.
In the case of Joseph v Brighton and Sussex University Hospital NHS Trust Ms Joseph brought claims against her employer for disability discrimination and unfair dismissal. Ms Joseph suffered from a blood disorder called Antiphospholipid Syndrome as well as stress/depression.
This highly reported case was predictably, regardless of the outcome, going to be a significant ruling with far-reaching implications. A customer, Mr Lee was refused service by Ashers bakery (based in Northern Ireland) despite having already placed his order as the cake he required was designed with “Support Gay Marriage” to be inscribed in the icing.
It is essential in business to put in place Terms and Conditions that will protect your business and help you trade successfully.
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