The long foretold Government plans to introduce a £95,000
cap on the total pre-tax aggregate value of public sector exit
payments are now coming into force with very little notice.
The Restriction of Public Sector Exit Payments
Regulations 2020 were made (signed by the Minister) last night
and come into force 21 days thereafter, being 4
November 2020.
The 4 November date is critical as if an exit occurs on or after
that date, then the cap will apply, even if the terms were agreed
beforehand (although in some limited specific cases, it may be
possible to seek a discretionary waiver).
The Regulations introduce a £95,000 cap on the total
pre-tax aggregate value of exit payments made to most types of
public sector employees. The £95,000 cap will apply to the
vast majority of public sector authorities and offices, details of
which are set out in a lengthy schedule to the Regulations. The cap
will apply to any non-exempt termination payments that represent a
cost to