[402D “Post-employment notice pay”]

[402D  “Post-employment notice pay”]

[(1)     “The post-employment notice pay” in respect of a termination is (subject to subsection (11)) given by—

((BP x D) / P) - T

ɳ—

BP, D and P are given by subsections (3) to (7), and

T is the total of the amounts of any payment or benefit received in connection with the termination which—

(a)     would fall within section 401(1)(a) but for section 401(3),

(b)     is taxable as earnings under Chapter 1 of Part 3,

(c)     is not pay in respect of holiday entitlement for a period before the employment ends, and

(d)     is not a bonus payable for termination of the employment.

(2)     If the amount given by the formula in subsection (1) is a negative amount, the post-employment notice pay is nil.

(3)     Subject to subsections (5)[, (6) and (6A)]—

BP is the employee's basic pay (see subsection (7)) from the employment in respect of the last pay period of the employee to end before the trigger date,

P is the number

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