‘Claw-back’ of exit payments?

Over 2015-16, the government consulted on draft regulations to require the repayment (or “claw back”) of “exit payments” made when a public sector worker leaves and re-joins the public sector within 12 months, where their salary on leaving exceeded £80,000. The draft regulations have been heavily criticised and it is not known whether this highly political proposal will be implemented.

In the NHS, there are already provisions requiring the “claw-back” of exit payments to senior managers earning over £100,000 when they are re-employed by another NHS employer within 12 months. These provisions are set out in the 2015 standard NHS contract which is mandatory for all organisations providing NHS services.