It is customary for a settlement agreement to be concluded shortly before or after the end of a worker`s employment. These agreements are sometimes used when redundancies are made, but they can be used in a number of situations. However, there is often some confusion about the tax treatment of a payment instead of a termination (“PILON”) and whether this can be included in the exempt amount or whether national taxes and insurance should be properly paid on them. Very often, a worker will have a leave of absence because he stops when the job ends. Payments made in lieu of the leave are taxable. In some cases, HMRC will agree to rule on the likely position it will take in imposing a certain PILON payment on an employee before the end of the employment relationship, but as it may take some time, it is not always appropriate or practical to obtain the advice of the HMRC in advance. Accordingly, the agreement will generally grant the tax treatment of the payment that the worker must receive and, recalling that such redundancies are common when such dismissal is made by a settlement agreement, generally the tax treatment of the payment to the worker and compensation to the employer in case the HMRC attempts to recover a tax that was not recovered at the time of the worker`s departure. If the employer is not prepared to cancel the tax allowance, it is the employee`s decision to take the risk of paying additional taxes at a later date instead of having his dismissal treated by his employer as taxable. A conciliation agreement is a legally binding agreement, facilitated by the mediation service of the Industrial Relations Agency between the employer and the worker, in order to settle an existing or potential right before the labour court. As in the case of a compromise agreement, the worker agrees to be “extrajudicial” by accepting the financial or other compensation that the employer offers in return for signing his right to pursue his right. This service is provided free of charge by the Agency.
It is important to take legal advice when deciding whether or not to include a payment instead of a provision in the contract, as its inclusion may affect your ability to impose restrictive agreements against the employee. Restrictive agreements are designed to prevent employees from disclosing or using confidential information, trade secrets, etc., for a specified period of time after leaving the company, and/or from requesting or being related to customers. Restrictive federal law is subject to countervailing measures and it is recommended that you call for legal advice prior to development. There are also important tax provisions. If the employment contract does not contain a PILON clause, but the employer wants to resign immediately and pay at the same time, employers could (until now) make such a tax-free payment.