Interim Settlement Agreement for the United Kingdom

Interim Settlement Agreement Template for England and Wales

An Interim Settlement Agreement is a legally binding document under English and Welsh law that temporarily resolves certain aspects of an employment dispute while leaving others open for future negotiation. It provides a framework for immediate resolution of specific issues while allowing time for full settlement discussions to continue. The agreement must comply with statutory requirements including independent legal advice and proper consideration, and typically includes provisions for confidentiality, payment terms, and preservation of certain claims.

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What is a Interim Settlement Agreement?

The Interim Settlement Agreement is utilized when parties need to resolve immediate aspects of an employment dispute while maintaining flexibility for future negotiations. This document type, governed by English and Welsh law, provides a structured approach to partial dispute resolution while preserving certain rights and claims for future discussion. It typically arises in situations where immediate action is required (such as initial payments or temporary arrangements) but where full and final settlement cannot yet be reached. The agreement must comply with employment legislation and include specific statutory requirements to be valid.

What sections should be included in a Interim Settlement Agreement?

1. Parties: Identification of all parties to the agreement including the employer and employee

2. Background: Context of the dispute and reason for interim settlement, including relevant employment details

3. Definitions: Key terms used throughout the agreement including defined terms for Claims, Settlement Period, and Confidential Information

4. Interim Payment Terms: Details of any immediate payments to be made, including amount, timing and method of payment

5. Duration: Period the interim settlement covers and conditions for extension or termination

6. Confidentiality: Terms regarding confidentiality of the settlement and exceptions to confidentiality obligations

7. Legal Advice: Confirmation of independent legal advice and acknowledgment of understanding terms

8. Execution: Signature blocks and execution provisions for all parties

What sections are optional to include in a Interim Settlement Agreement?

1. Without Prejudice: Protection of positions in ongoing negotiations while preserving rights for final settlement

2. Preservation of Claims: Specification of which claims remain live and are not settled by this interim agreement

3. Stay of Proceedings: Terms for pausing any current litigation during the interim settlement period

4. Return to Work: Terms for continuing employment including duties and obligations during interim period

What schedules should be included in a Interim Settlement Agreement?

1. Schedule of Claims: Comprehensive list of claims covered by the interim settlement

2. Payment Schedule: Detailed breakdown of payments, timing and conditions for payment

3. Adviser's Certificate: Legal adviser's certification of provided independent legal advice

4. Ongoing Obligations: Detailed list of continuing duties and responsibilities of all parties

Authors

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

Jurisdiction

England and Wales

Publisher

Genie AI

Cost

Free to use
Industries

Employment Rights Act 1996: Primary legislation governing employment rights, including requirements for valid settlement agreements and statutory employment rights waivers

Equality Act 2010: Legislation covering discrimination protections and requirements for validly settling discrimination claims

Trade Union and Labour Relations (Consolidation) Act 1992: Legislation covering collective agreements and settlement of trade union-related disputes

Working Time Regulations 1998: Regulations governing working time and holiday pay claims settlement

ACAS Code of Practice on Settlement Agreements: Best practice guidelines providing framework for negotiating and concluding settlement agreements

Civil Procedure Rules: Rules governing court proceedings, including provisions for staying proceedings and requirements for valid settlement of litigation

GDPR and Data Protection Act 2018: Legislation governing personal data handling and privacy considerations in settlement terms

Limitation Act 1980: Legislation setting time limits for bringing claims and affecting settlement terms

Contracts (Rights of Third Parties) Act 1999: Legislation governing how settlements affect third party rights

Financial Services and Markets Act 2000: Legislation relevant when settlement involves regulated financial matters

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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