Search

How can we help?

Icon

Termination payments – changes to tax treatment

In July last year, we reported that the Government had launched a consultation on simplifying the tax treatment of termination payments.  After some delay, it has finally published its response along with draft legislation which sets out the changes it has decided to make.

It has been confirmed that the first £30,000 of any termination payment will remain exempt from income tax and the entirety of the payment will be exempt from employee NIC’s.

However, the main changes include:

  • making any payment in lieu of notice subject to income tax and Class 1 NICs, regardless of what is in the contract
  • making employer NICs payable on termination payments above £30,000
  • clarifying that the exemption for injury does not apply in cases of injury to feelings

It has been confirmed that the first £30,000 of any termination payment will remain exempt from income tax

The changes are proposed to take effect from April 2018 and the draft legislation is open for consultation until 5 October 2016.

For further support on the consultation on simplifying the tax treatment of termination payments, please contact our employment lawyers on employment@clarkslegal.com

Disclaimer

This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Author profile

About this article

Read, listen and watch our latest insights

art
  • 29 October 2026
  • Immigration

UK Immigration shake-up: More flexibility for skilled workers, but at what cost?

The UK Government has outlined further changes to its immigration system, with new measures affecting international graduates, sponsored workers, and businesses employing overseas talent.

art
  • 28 October 2026
  • Privacy and Data Protection

Remote working: 5 key data protection risks for employers

Remote working has become more prominent in modern business. While flexible working arrangements can improve productivity and employee wellbeing, they also create new data protection risks. Regardless of the physical location in which work is done, compliance with UK GDPR does not change.

art
  • 27 October 2026
  • Employment

Fire and Rehire update: Key changes delayed

The Government has published two documents giving key updates to the anticipated changes around ‘fire and rehire’ and restricted contractual variations, coming about as a result of the Employment Rights Act 2025 (“ERA 2025”). We now understand that these changes will now be delayed to March, rather than January 2027.

art
  • 26 October 2026
  • Corporate and M&A

Shareholders’ Agreements for Founders and Investors – SHA Series Part 3 of 5

A shareholders’ agreement is arguably one of the most valuable corporate governance agreements (along with articles of association) in any private UK company with more than one shareholder.

art
  • 23 October 2026
  • Litigation and dispute resolution

Section 172 Companies Act 2006: Key lessons from Saxon Woods v Costa

The Supreme Court’s decision in Saxon Woods v Costa UKSC 21 clarifies directors’ duties under Section 172 Companies Act 2006, confirming that good faith requires both honest belief and appropriate conduct.

art
  • 19 October 2026
  • Immigration

Right to Work Checks: Are UK businesses becoming immigration enforcement officers?

The UK’s Right to Work regime has undergone a significant expansion, with changes taking effect from 1 October 2026.