UK Employment Law
UK Employment Law Questions Answered by Verified Experts
Hello. Yes I have seen these sort of answers within the HMRC web sites. However, the issue in terms of the answer is that I am not being made redundant in that the post still exists and so I would assume it could not be regarded as a true redundancy situation and would therefore automatically be seen as 'tax evation'. My reasons for leaving will be 'ill health retirement', or some other reason to be cotained within the Compromise Agreement. However, one thing is for certain is that it own't be regarded as redundancy, and so I suspect that alters the advice you have given????
Thanks. I don't feel it is an employment question as the only reason the employer is including the clause is because of the taxation issue, and of course trying to indemnify themselves against any future tax claim, by effectively removing any risk by refusing to employ me again. If I could establish that the tax man won't come after me or them, then from an employment law perspective I think everything else is ok
There are no specific plans, but I want to keep it open as an option. I don't see why I should surrender my right of free trade with them in the future. I do not expect to return to them in any substantive post as in all honesty my health may not let me, but i am certainly capable of some short term, temprary and/or part-time and casual work, and I do not seea) why i should be denied access to this and b) to undertake this for no obvious reason ie taxation. As far as I can see there are no taxation guidance or regulations to prevent me returning, so long as it clearly isn't a fraudulent operation ie finishing a post one day, collecting some money and then returning to the same or a similar post a week later. Hope this helps a bit........