Employee Termination Release Agreement for the United Kingdom

Employee Termination Release Agreement Template for England and Wales

An Employee Termination Release Agreement under English and Welsh law is a legally binding document that formalizes the end of an employment relationship. It sets out the terms of separation, including financial arrangements, continuing obligations, and the mutual release of claims. The agreement must comply with UK employment legislation and includes specific requirements such as independent legal advice for the employee. It provides certainty and protection for both parties by clearly documenting the terms of separation and preventing future employment-related claims.

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What is a Employee Termination Release Agreement?

The Employee Termination Release Agreement is a crucial document used when ending employment relationships in England and Wales. It provides a formal framework for managing employment termination, whether through redundancy, mutual agreement, or other circumstances. The agreement typically includes details of termination payments, benefits, continuing obligations, and waiver of claims. Under UK law, such agreements must meet specific requirements, including the provision of independent legal advice to the employee. This type of agreement is particularly important for protecting both employer and employee interests and ensuring compliance with employment legislation.

What sections should be included in a Employee Termination Release Agreement?

1. Parties: Identification of employer and employee

2. Background: Context of employment and reason for termination

3. Definitions: Key terms used throughout the agreement

4. Termination Date: Specific date employment ends and confirmation of final working day

5. Payment Terms: Details of final salary, benefits, and any additional payments including timing

6. Waiver of Claims: Employee's waiver of legal claims against employer and group companies

7. Confidentiality: Ongoing obligations regarding confidential information and terms of agreement

8. Tax Indemnity: Employee's responsibility for tax on payments and employer indemnities

What sections are optional to include in a Employee Termination Release Agreement?

1. Garden Leave: Terms and conditions of garden leave period if employee is not required to work notice

2. Post-termination Restrictions: Non-compete and non-solicitation provisions, including any variations to existing terms

3. Reference: Terms of agreed employment reference and internal/external communications

4. Company Property: Requirements for return of company assets, equipment, and documents

5. Share Options: Treatment of existing share options, RSUs or other equity arrangements

What schedules should be included in a Employee Termination Release Agreement?

1. Schedule 1 - Payment Details: Detailed breakdown of all termination payments and benefits

2. Schedule 2 - Claims Being Settled: Comprehensive list of statutory and contractual claims being waived by the employee

3. Schedule 3 - Advisor's Certificate: Independent legal advisor's confirmation of advice given to employee

4. Schedule 4 - Announcement: Agreed form of internal/external announcement regarding employee's departure

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Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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What is a Employee Termination Release Agreement?

What sections should be included in a Employee Termination Release Agreement?

What sections are optional to include in a Employee Termination Release Agreement?

What schedules should be included in a Employee Termination Release Agreement?

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