Is the PWC entitled to NRP's redundancy?

2ndAccount · 15 February 2017 at 1:06PM

Hi All,

Regular contributer in several forums, but I want annonymity for this (I don't want forum members knowing my business!).

As per title, I'm being made redundant, with no new job on the horizon. I plan to use the redundancy payment to live off, until I can find more work. I was with the company for a number of years, so will be getting quite a good lump. Enough to support me for the essential bills till the end of the year.

My question is, given I've just had a set to with the CMS over this, is will my money grabbing ex be entitled to any of my payoff?

It consists of a tax free redundancy amount, and a lump sum pay in leiu of notice.

Can I also add, I'm not shirking my responsibility too my daughter, but I could barely afford to live before the redundancy, they have increased payments by 28% on last year, by wages went up 10% but they refused to look into why!! Hence my hesitation to take what they say at face value...

Guest101 · 15 February 2017 at 2:27PM

Statutory redundancy no - 1 week per year, contractual and PILON' yes

2ndAccount · 15 February 2017 at 2:31PM

I've negotiated alot more than just statutory, thankyou for confirming though.

Another concern I have is I'm also being paid in leiu of holiday too, surely she can't have a stab at that?

PILON I can sort of see, it's in leiu of working.

Guest101 · 15 February 2017 at 2:34PM

2ndAccount wrote: »

I've negotiated alot more than just statutory, thankyou for confirming though.

Another concern I have is I'm also being paid in leiu of holiday too, surely she can't have a stab at that?

PILON I can sort of see, it's in leiu of working.

Your holiday forms part of your salary.

If you took a month off a/l, you'd still be liable for child support that month.

WYSPECIAL · 15 February 2017 at 3:26PM

During your pay in lieu of notice period your technically still employed. A lot of companies put people on garden leave and restrict them working in this period.

Your actual redundancy payment wont count as income for CMS purposes.

Don't forget to tell them about your CoC if you will not have an income for a while or have a new job on a lower salary so they can reassess

2ndAccount · 15 February 2017 at 3:37PM

WYSPECIAL wrote: »

During your pay in lieu of notice period your technically still employed. A lot of companies put people on garden leave and restrict them working in this period.

Your actual redundancy payment wont count as income for CMS purposes.

Don't forget to tell them about your CoC if you will not have an income for a while or have a new job on a lower salary so they can reassess

Hi WYSPECIAL, thanks for your response.

To clarify, PILON means I'm not still employed by them, I think you're confusing it with gardening leave. PILON is a clean break where they are 'buying' me out of the contract by paying me my entitlements. Gardening leave is where I would be employed and subject to recall.

I've informed them of the CoC, I wrote them a letter at their request a month ago, got proof of postage but they haven't actioned it, hence my call and then 'debate' with them today.

They couldn't understand I'd be living without an income, which I will be, hence me wanting to stop paying my ex what was an exorbitant amount!

The chaps I've spoken to at CMS have been helpful, today I was speaking to a lady and was made to feel like I'm trying to cheat the system! I feel perhaps she's used their services and now works for them, conflict of interest?!:rotfl:

WYSPECIAL · 16 February 2017 at 3:57PM

2ndAccount wrote: »

Hi WYSPECIAL, thanks for your response.

The chaps I've spoken to at CMS have been helpful, today I was speaking to a lady and was made to feel like I'm trying to cheat the system! I feel perhaps she's used their services and now works for them, conflict of interest?!:rotfl:

Sounds like your typical CSA employee and I don't suppose CMS will be any different!

Poorly paid and poorly trained unfortunately.

Your review will be backdated to when you informed them of the CoC but they usually take a few weeks to action.

Tammykitty · 16 February 2017 at 4:03PM

2ndAccount wrote: »

Hi All,

Regular contributer in several forums, but I want annonymity for this (I don't want forum members knowing my business!).

As per title, I'm being made redundant, with no new job on the horizon. I plan to use the redundancy payment to live off, until I can find more work. I was with the company for a number of years, so will be getting quite a good lump. Enough to support me for the essential bills till the end of the year.

My question is, given I've just had a set to with the CMS over this, is will my money grabbing ex be entitled to any of my payoff?

It consists of a tax free redundancy amount, and a lump sum pay in leiu of notice.

Can I also add, I'm not shirking my responsibility too my daughter, but I could barely afford to live before the redundancy, they have increased payments by 28% on last year, by wages went up 10% but they refused to look into why!! Hence my hesitation to take what they say at face value...

You are probably entitled to claim contributions based JSA (about £75 a week) for 6 months - so there is some some help available for living costs.

I believe you would have to pay £7 a week if you were claiming,

daddydodo · 17 February 2017 at 2:29PM

I think the issue is which of the redundancy payments will make it through to your P60, as of course the P60 figure from the HMRC feed is what CMS use to calculate payment.

From personal experience, a payment in lieu of notice is taxable because your company are fulfilling their contactual obligations to pay you for your notice period. Whether you are there to work is irrelevant because it counts as salary and therefore taxable, and CMS will take a slice of this for your ex.

Is the PWC entitled to NRP's redundancy?

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