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Category: Employment Law
Satisfied Customers: 17113
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My role is being made redundant, and I will sign a compromise

Customer Question

My role is being made redundant, and I will sign a compromise agreement and get a ex gratia lump-sum payment above the 30k threshold. Another function in my employer would like me to do work as a contractor thereafter, on a 2-3 day a week basis on a project for approximately 3-6 months. My question is, do I need to have a period of time between my termination date and the commencement of the contract, to maintain and protect the tax-free element of the lump-sum payment?
Submitted: 3 years ago.
Category: Employment Law
Expert:  TaxRobin replied 3 years ago.
Yes you would. If HMRC deems your return was not a true leaving under the redundancy payments, you would be requested to pay tax on the amount you received previously.
This would depend on the nature of your previous assignment and the new role you would play.
I am sure your next question would be "How long of an interval"?
That would depend on your new role, if significantly the same 12 months would be safe.
Customer: replied 3 years ago.

Hi, the role is different - I'm current the director of an internal global training team, and the contract role would be as an adviser to a specific project external education project, contracting with our Swiss local company, rather than the uk entity I am currently employed by. Also, it would be 2 days a week, rather than full time. What's your view on the duration of the gap I would need? Thanks

Expert:  TaxRobin replied 3 years ago.
I am sorry but your question was requested to b moved to Employment Law.
That takes it from my hands.
Customer: replied 3 years ago.

Does that mean someone else will be providing me advice?

Expert:  TaxRobin replied 3 years ago.
Yes, an expert in UK employment law will respond. I cannot tell you when that will happen. I certainly hope soon.
Customer: replied 3 years ago.

Hello - I've not heard back from someone in employment law. How do I move this forwards? Thanks

Expert:  TaxRobin replied 3 years ago.
Sorry about that. They most likely read my answer thus far and had nothing else to add.
I will tell you that as you are not going to be in the same position, nor are you going to be employed by the same direct employer but rather the Swiss company, you would be in a new post.