LRD guides and handbook December 2023

Unfair dismissal law – An LRD guide for union reps

Chapter 11

Interest and tax

[page 108]

If the sum awarded remains unpaid 42 days after the tribunal decision, interest is payable on amounts outstanding.

A compensation payment for unfair dismissal under a compromise agreement is tax free up to £30,000, even if the employee is reinstated, so long as it is genuine compensation for loss of the job rather than earnings or a payment for services (HM Inspector of Taxes v Clayton [2005] IRLR 108). Any amount over £30,000 is subject to income tax and (since April 2020) employer NICs.