Negotiation and settlement

[GoldenRaven]

Thank you so much ULA , we did not even think of contacting the HMRC to ask!

I have also come across this and would be grateful for your thoughts on it. It is an excerpt from this link https://www.gov.uk/termination-payme...l-insurance-on

"What you do not pay tax and National Insurance on
You will not pay tax and National Insurance on:

• a termination payment you get because of an injury, illness or disability that prevents you from being able to continue to do your job"

Could all the payments Mum gets in the settlement via a COT3 come under this payment? Because Mum has not been able to work due to her disabilities.


"Just a thought what has happened about any pension payments whilst she has been off on long term sick?"

In answer to your question: Mum has an NHS pension, when her sick pay stopped she has not been earning and therefore not paying into her pension. Mum's schedule of loss claims for missed pension contribution from her employer and they have said in their counter SoL that the employer kept making this contribution anyway so it is not due, but they have not provided evidence of this. NHS pension says the employer can only contribute when the employee is contributing and we have this in an email in writing.

[ULA]

I would suggest as per my sign off, if you have have any queries about the advice given,.particularly as it relates to tax, then ask HMRC, if your mother decides to call them as advised in my last post.

[GoldenRaven]

I would suggest as per my sign off, if you have have any queries about the advice given,.particularly as it relates to tax, then ask HMRC, if your mother decides to call them as advised in my last post.

Thanks ULA, we'll do that this week.

[GoldenRaven]

Hi ULA ,

I have come to ask for your advice again. We have the psychologist expert witness report and the Respondent will not agree to add it to the bundle. They say, it is because they have conceded disability already and the hearing is for liability only so the report is not relevant. It is only relevant for a remedy hearing if Mum's claims succeed.

Is it true? Shall we just agree to not include it in the liability hearing bundle?

The only reason I can think to want to include it is to show that Mum's employer caused her disabilities and the extend of her disabilities and prognosis.

[ULA]

Will your mother be referring to any elements of the report in her witness statement

[GoldenRaven]

Will your mother be referring to any elements of the report in her witness statement

Thanks for getting back to us.

Yes, she will and is in the process of putting it together.

[ULA]

In which case I suggest your mother emails the respondent and lets them know that she will be referring to this document in her WS and that it will be required to be put in the bundle.