Employment Tribunal Win query
Author
Discussion

Cimaguy

Original Poster:

559 posts

94 months

Thursday 28th January 2021
quotequote all
Is a tribunal win relating to bonus paid gross or net? I ask as its an 'award' by the judge.

Edited by Cimaguy on Thursday 6th January 23:04

edc

9,480 posts

273 months

Thursday 28th January 2021
quotequote all
Forgetting the employment tribunal then bonuses paid via payroll land in your bank account net.

craigjm

20,368 posts

222 months

Thursday 28th January 2021
quotequote all
If they are your former employer how do they not have your bank details? I guess you have changed bank since you left but this doesn’t change the situation. The award is taxable.

Edited by craigjm on Friday 29th January 15:15

xx99xx

2,686 posts

95 months

Friday 29th January 2021
quotequote all
As you're not on payroll of former employer, how would they be able to pay the tax and NI or you?

Cimaguy

Original Poster:

559 posts

94 months

Friday 29th January 2021
quotequote all
I was employed with them about 3 years ago!

Also they unsuccessfully claimed for legal costs. The judge rejected it however is there any chance they can attempt to claim it through other routes?

Edited by Cimaguy on Saturday 30th January 18:05

CaptainSlow

13,179 posts

234 months

Friday 29th January 2021
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It'll be paid gross and you'll have to declare it on a tax return.

darreni

4,320 posts

292 months

Saturday 30th January 2021
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As far as I can remember, you can’t recover legal costs incurred as part of an employment tribunal.

edc

9,480 posts

273 months

Saturday 30th January 2021
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darreni said:
As far as I can remember, you can’t recover legal costs incurred as part of an employment tribunal.
You can apply for costs but they're rarely awarded. More chance to get costs for an employer if it's a vexatious claim.

Cimaguy

Original Poster:

559 posts

94 months

Saturday 30th January 2021
quotequote all
edc said:
You can apply for costs but they're rarely awarded. More chance to get costs for an employer if it's a vexatious claim.
They claimed it was a vexatious claim however the judge didn't see it like so for a few reasons, firstly because HR messed up in several areas. Had they addressed the issues I raised it would not have reach a tribunal. The judge and her aids all rejected the request. Thankfully!! They wanted to claim £25k from me.

I'm looking forward to getting the money from them. I don't know how long it will take. I'll give them sometime however will escalate it to the CEO if they behave like aholes.

Beetnik

561 posts

206 months

Sunday 31st January 2021
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In line with HMRC guidance, a payment after leaving should use tax code ‘0T’ on a week 1/month 1 basis.

Cimaguy

Original Poster:

559 posts

94 months

Sunday 31st January 2021
quotequote all
Okay however isn't it an award and not a payment of 'bonus'?

edc

9,480 posts

273 months

Sunday 31st January 2021
quotequote all
An award doesn't automatically attract zero rate tax
https://www.gov.uk/hmrc-internal-manuals/employmen...

Cimaguy

Original Poster:

559 posts

94 months

Monday 27th December 2021
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They paid the bonus into my bank account without tax. I had to declare in my SA.

Abdul Abulbul Amir

13,179 posts

234 months

Monday 27th December 2021
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CaptainSlow said:
It'll be paid gross and you'll have to declare it on a tax return.
Told ya