IHR - PILON and pension start date?

MargaretBella

Hi everyone

I’m wondering if anyone has experience of going through IHR and can help with two questions relating to my notice period - and notice pay - and save me the expense of an employment law solicitor when I’m on nil pay and struggling financially. I’ve given up on my union and I’ve had better advice from this forum that anywhere else when I’ve asked questions previously! I appreciate responses don’t constitute legal advice but they would help me greatly 🙏🏻

My employer has signed off my IHR and ended my contract with immediate affect but the info I’ve received on how this marries with notice is unclear. My first question is … I am to receive PILON which my employer says is taxable even though the sole reason for my contract ending is illness covered by DDA and IHR on the grounds of that illness. I’m uncertain if the disability tax exemption for contract terminations should apply here or if that is only applicable for ex gratis termination arrangements that are not PILON?

My second question is … my IHR kicks in immediately I’m told and will be backdated to the day after my contract ended. Is it correct that I can be receiving IHR and PILON overlapping for the contractual notice period (12 weeks)? I thought IHR could only commence once notice period expired?

Any advice / experience shared would be hugely appreciated. Thanks in advance 🙏🏻