Termination Tax Engine • 2026/27 UK Statutory Rules

Severance Package Tax Calculator UK

Calculate the exact take-home pay from your employment termination package. Model statutory redundancy pay, discretionary ex-gratia compensation, the £30,000 tax-free exemption (s.401 ITEPA 2003), Post-Employment Notice Pay (PENP), and 0% employee National Insurance.

Section 401 ITEPA (£30,000 Tax-Free)0% Employee NI on Severances.402D PENP Notice Pay Engine
Quick Scenarios & Settlement Templates
Select a benchmark scenario to populate standard termination figures
ITEPA 2003 • ERA 1996 • NIC Act 20252026/27 Tax Year

Employment Termination Package Calculator

Model statutory redundancy pay, discretionary ex-gratia compensation, Post-Employment Notice Pay (PENP / PILON), accrued holiday pay, and employer Class 1A NICs.

£30,000 Tax-Free Cap0% Employee NI on Severance

1. Employment History & Regular Salary

44 years old
18 yrs41 yrs (1.5x)75 yrs
7 years
0 yrs (Min 2)20 yrs (Max cap)35 yrs
£≈ £1000/wk

Capped at £700/week for statutory redundancy calculations.

2. Severance Package Breakdown (The 4 Settlement Elements)

Distinguish genuine termination compensation from contractual notice & holiday pay
Statutory Redundancy Pay (SRP)Section 162 ERA 1996 • Tax-Free (under s.401)
Statutory Entitlement£6,300.00
9 weeks @ £700/wk
100% Tax & NI-Free

Calculated backwards based on your age: 0.5 wk (<22), 1.0 wk (22-40), 1.5 wks (41+). Counts towards the £30,000 exemption.

Section 401 ITEPA 2003 • Eligible for £30k exemption
0% Employee NI
£

Enhanced redundancy, discretionary golden handshakes, or settlement agreement compensation for loss of office. Exempt up to £30k; amounts over £30k pay Income Tax but zero employee NI.

Section 402D ITEPA 2003 • Post-Employment Notice Pay
Fully Taxable
£

Under Section 402D ITEPA, Post-Employment Notice Pay (PENP) is carved out from the £30,000 exemption. Subject to standard PAYE Income Tax and Class 1 National Insurance.

Section 62 ITEPA 2003 • General Employment Earnings
Fully Taxable
£
£

Untaken statutory and contractual annual leave paid out upon termination under Working Time Regulations 1998 Reg 14. Subject to PAYE and employee NI.

3. Tax Year Context & Marginal Rate Positioning

Taxable severance sits on top of your existing salary earned in the same tax year

Scotland applies devolved Scottish Income Tax rates (19% to 48%). NI is uniform UK-wide.

£35,000.00
£

Determines whether taxable severance triggers the 40% Higher Rate band or the £100k 60% Taper Trap.

Net Take-Home Severance
£30,499.76

Clean take-home pay in your pocket after PAYE Income Tax & Class 1 NI deductions.

Total Gross Settlement
£32,133.00
s.401 Termination Award:£26,300.00
Total Employee Deductions
£1,633.24
Effective Deduction Rate:5.1%
Employer Total Cost
£33,007.95
Employer 15% NI:£874.95
Section 401 ITEPA 2003 Exemption Status

Your full termination award is 100% tax-free under UK statutory law.

£26,300.00 / £30,000 used£3,700.00 allowance remaining
0% Employee National Insurance: Genuine redundancy compensation under s.401 is completely exempt from employee Class 1 NI, even on amounts above £30,000.
15.0% Employer Class 1A NI: Employers must pay 15% Class 1A NICs on severance exceeding £30,000 under the National Insurance Contributions Act 2025.

Itemised Settlement Breakdown & Tax Calculation

Settlement ComponentStatutory BasisGross AmountTax-Free (£)PAYE Tax (£)Employee NINet In-Pocket
Statutory Redundancy PayERA 1996 s.162 / ITEPA s.401£6,300.00£6,300.00£0.00£0.00 (0%)£6,300.00
Ex-Gratia Severance CompensationITEPA 2003 s.401£20,000.00£20,000.00£0.00£0.00 (0% Exempt)£20,000.00
Notice Pay (PILON / PENP)ITEPA 2003 s.402D (General Earnings)£4,333.00£0.00-£866.60-£346.64£3,119.76
Accrued Holiday & Contractual ArrearsWTR 1998 Reg 14 / ITEPA s.62£1,500.00£0.00-£300.00-£120.00£1,080.00
Total Package / PayoutAll 4 Statutory Elements£32,133.00£26,300.00-£1,166.60-£466.64£30,499.76

Statutory Settlement Agreement & Redundancy Rules to Verify

1. Post-Employment Notice Pay (PENP) Trap (s.402D ITEPA)

Employers cannot avoid tax on notice pay by disguising it as ex-gratia compensation. HMRC strictly applies the PENP statutory formula to carve out notice pay before applying the £30,000 exemption.

2. 0% Employee National Insurance Exemption

Unlike standard salary, termination payments under Section 401 are legally exempt from employee Class 1 NI even on amounts above £30,000. You pay Income Tax on the excess, but save 2% to 8% in NI!

3. Legal Fee Contribution Exemption (Section 413A ITEPA)

If your employer contributes towards your legal fees for independent legal advice on a settlement agreement, this payment is 100% tax-free in addition to the £30,000 exemption (must be paid directly to your solicitor).

4. Emergency Tax Code 0T on Final Payslip

Employers often tax redundancy payments made after P45 issuance under emergency code 0T on a non-cumulative basis. You may temporarily overpay tax, which HMRC automatically refunds via P800 or in-year claim.

How UK Severance Packages Are Taxed (ITEPA 2003 s.401)

When an employment relationship ends through redundancy, voluntary severance, mutual separation, or a settlement agreement, the departing employee frequently receives a composite termination package. In the United Kingdom, HM Revenue & Customs (HMRC) does not treat a termination package as a single monolithic payment. Instead, UK tax law dissects the settlement into distinct statutory categories, each with its own tax and National Insurance treatment.

The cornerstone of UK termination tax law is Section 401 of the Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003). Under Section 401, genuine payments made directly or indirectly in consideration or in consequence of the termination of an employee's employment qualify for a £30,000 statutory tax exemption.

What Qualifies for the £30,000 Tax-Free Exemption?

  • Statutory Redundancy Pay (SRP): Mandatory statutory payouts calculated under Section 162 of the Employment Rights Act 1996 (ERA 1996) based on service years, age multipliers, and statutory weekly caps (£700/week for 2026/27).
  • Enhanced / Ex-Gratia Severance Pay: Discretionary termination compensation paid by an employer above statutory minimums, including voluntary redundancy incentives, golden handshakes, and settlement agreement compensation for loss of office.
  • Damages for Wrongful Dismissal: Genuine breach-of-contract compensation for loss of office where notice was not provided under common law (subject to the PENP statutory rules).

The 0% Employee National Insurance Advantage

One of the most valuable aspects of UK employment termination law is the complete exemption from employee Class 1 Primary National Insurance contributions (NICs).

Under the Social Security Contributions and Benefits Act 1992 (SSCBA 1992), payments that fall within Section 401 ITEPA 2003 do not constitute "earnings" from employment for employee National Insurance purposes. Crucially, this 0% employee NI exemption applies even to amounts exceeding the £30,000 threshold.

Tax Comparison on a £50,000 Redundancy Lump Sum:

If you receive a £50,000 severance award, the first £30,000 is 100% tax-free and NI-free. The remaining £20,000 is subject to Income Tax at your marginal rate (e.g. 40% = £8,000 tax). However, because 0% employee NI is deducted (unlike normal wages where 2% to 8% NI is levied), you retain £42,000 of the £50,000 package—an effective tax rate of just 16.0%.

Employer Class 1A NIC Liability (15.0% on Excess over £30k)

While departing employees enjoy 0% employee NI on severance awards of any size, employers face a statutory liability. Under legislation introduced in April 2020 and updated for 2026/27 under the National Insurance Contributions (Secondary Class 1 Contributions) Act 2025, employers must pay Class 1A National Insurance at 15.0% on termination awards that exceed £30,000.

This charge is reported and paid by the employer through Real Time Information (RTI) payroll submissions at the time the termination payment is made. It does not reduce the employee's take-home pay, but increases the employer's total cost of departure.

Post-Employment Notice Pay (PENP) & Notice Rules (ITEPA s.402D)

Historically, employers could draft contracts without a contractual Pay In Lieu of Notice (PILON) clause, allowing notice compensation to be structured as non-statutory breach-of-contract damages under the £30,000 tax-free exemption.

Parliament eliminated this planning strategy through the Post-Employment Notice Pay (PENP) legislation enacted under Sections 402B to 402E ITEPA 2003. Under the statutory PENP framework, any payment received in lieu of unworked notice is legally classified as general earnings under Section 62 ITEPA 2003.

The Statutory PENP Formula (Section 402D ITEPA 2003)

PENP = ((BP × D) / P) − T

BP (Basic Pay): Normal pre-sacrifice salary in the pay period ending prior to termination.
D (Notice Days): Number of unworked days in the statutory or contractual notice period.
P (Period Days): Number of calendar days in the employee's basic pay period (e.g. 30 or 31).
T (Taxable Pay): Contractual payments in connection with termination already taxed under s.62.

The calculated PENP amount is carved out of the severance package and taxed in full as earnings—subject to PAYE Income Tax, employee Class 1 NI (8%/2%), and employer Class 1 Secondary NI (15.0%). Only the remaining severance balance qualifies for the £30,000 exemption.

Accrued Holiday Pay & Contractual Arrears (WTR 1998 Reg 14)

Under Regulation 14 of the Working Time Regulations 1998 (WTR 1998), employees whose employment terminates with untaken statutory annual leave are legally entitled to a payment in lieu of accrued leave.

Holiday pay is earned emolument arising directly from employment services rendered under Section 62 ITEPA 2003. Consequently:

  • Holiday pay does not qualify for the £30,000 exemption under Section 401.
  • It is subject to PAYE Income Tax at your prevailing marginal rate.
  • It is subject to employee Class 1 Primary National Insurance (8% up to £50,270 and 2% above).
  • Your employer must pay 15.0% Employer Class 1 Secondary National Insurance on holiday pay.

Tax Strategy: Pension Salary Sacrifice on Excess Severance

When a severance award exceeds the £30,000 statutory limit, the excess is pushed into the employee's marginal tax bands. For employees earning over £50,270, this triggers 40% Higher Rate Income Tax. For those whose total income falls between £100,000 and £125,140, the taxable severance triggers the punitive 60% Personal Allowance taper trap.

Under Section 193 of the Finance Act 2004, departing employees and employers can execute a pre-termination pension salary sacrifice agreement:

Benefits of Severance Pension Sacrifice

  • 100% Income Tax Shield: The sacrificed severance is paid directly into your registered workplace pension or SIPP as an employer contribution, completely eliminating 20%, 40%, or 45% PAYE Income Tax.
  • Employer Saves 15.0% Class 1A NI: Because employer contributions into registered pension schemes are exempt from Class 1A NICs, the employer saves 15% on the sacrificed excess. Many employers agree to share this saving by adding a contribution bonus into the employee's pension.
  • Preserves Personal Allowance: For high earners, sacrificing excess severance prevents taxable income exceeding £100,000, preserving your £12,570 tax-free Personal Allowance.
Crucial Timing Rule: The pension salary sacrifice agreement must be formally documented in your settlement agreement or redundancy agreement before your termination date. Once your employment has officially terminated, you cannot retrospectively sacrifice severance pay.

Settlement Agreements & Legal Fee Exemption (ITEPA s.413A)

In mutual separation or negotiated departures under Section 111A of the Employment Rights Act 1996, the employee signs a binding Settlement Agreement waiving statutory employment claims in exchange for financial consideration.

For a settlement agreement to be legally valid under Section 203 ERA 1996, the employee must receive independent legal advice from a qualified solicitor or trade union representative. To facilitate this, employers standardly contribute between £350 and £1,500 + VAT towards legal costs.

Under Section 413A of ITEPA 2003, employer contributions towards independent legal advice are 100% tax-free. Crucially, this legal exemption is separate from the £30,000 termination allowance and does not reduce your £30,000 tax-free severance pot, provided the payment is made directly by the employer to your legal counsel.

Frequently Asked Questions

Statutory answers regarding redundancy packages, tax codes, notice pay, and HMRC rules.

Frequently Asked Questions

Clear answers based on official HMRC rules and statutory guidance.

Under Section 401 of the Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003), genuine compensation for termination of employment—including statutory redundancy pay and discretionary ex-gratia compensation—qualifies for a £30,000 tax-free exemption. The first £30,000 of qualifying termination awards is 100% free of UK Income Tax. Any severance amount exceeding £30,000 is taxed as employment income through PAYE at your marginal Income Tax rate (20% Basic, 40% Higher, or 45% Additional).

Separate the payment types

Statutory redundancy pay depends on age, complete years of service, weekly-pay limits and the termination date. Pay in lieu of notice and holiday pay are different payment types.

The £30,000 exemption is not a blanket exemption for all money paid on leaving a job. Contractual entitlement, PENP and employer NI can require specialist review.

Check the rules for your circumstances

Official guidance supports the rules described here; it does not approve or certify this calculator. Confirm dates, eligibility and unsupported cases before making a financial decision.