EIM13912 | Termination payments and benefits: example: section 401 ITEPA 2003: payment or benefit received after termination

From HM Revenue & Customs · Employment Income Manual

Section 401 ITEPA 2003

An employee believes that dismissal from employment is wrongful, and takes legal action in the Courts to secure compensation. Proceedings drag on for 4 years, when the ex-employer agrees to pay £20,000 in settlement of the claim. The employee was dismissed on 3 November 2011.

The delay is irrelevant as far as the question of whether the payment is within the scope of section 401 ITEPA 2003 is concerned.

The £20,000 is still in connection with the termination and so falls within the section.

Note: see EIM13100 for the tax year for which a payment or benefit is assessed.