HM Treasury has published its response to its consultation on placing a restriction on public sector exit payments. The Government has decided to go ahead with its original core proposals by taking powers in primary legislation as part of the Enterprise Bill, with the detail of the measures being implemented through The Public Sector Exit Payment Regulations 2016 (published in draft). The core measures are set out on Pages 5 and 6 of the response and in summary are as follows:
- Apply a £95,000 cap on the total value of exit payments made to employees in the public sector.
- Apply the cap to all types of arrangements and forms of exit payment, including cash lump sums, early access to an unreduced pension, payments in lieu of notice and non-financial and other benefits.
- Establish a waiver process for exceptional circumstances.
- Apply the policy to all public sector bodies, with a small number of bodies granted an exemption from the policy.
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This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.