Post Settlement Agreement for the United Kingdom

Post Settlement Agreement Template for England and Wales

A Post Settlement Agreement is a legally binding document used in England and Wales that formalizes the terms agreed between an employer and former employee following the conclusion of their employment relationship. It typically covers financial settlements, confidentiality obligations, and mutual releases of claims. The agreement must comply with specific statutory requirements under English law and usually requires independent legal advice to be valid.

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What is a Post Settlement Agreement?

A Post Settlement Agreement is utilized when parties need to formalize arrangements following the end of employment and initial settlement terms. Common in England and Wales, this document ensures all post-settlement obligations are clearly defined and legally enforceable. It typically addresses ongoing confidentiality requirements, reference arrangements, and any continuing restrictions, while confirming the fulfillment of settlement terms agreed upon in the original settlement agreement.

What sections should be included in a Post Settlement Agreement?

1. Parties: Identification and details of all parties to the agreement

2. Background: Context of the settlement and brief history of employment relationship

3. Definitions: Key terms used throughout the agreement

4. Settlement Terms: Core settlement provisions including payment amounts and timing

5. Tax Treatment: Tax implications and responsibilities for settlement payments

6. Waiver of Claims: Comprehensive list of claims being waived by the employee

7. Confidentiality: Obligations regarding confidentiality of the agreement and company information

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

1. Reference Provision: Terms regarding future employment references and agreed form of reference

2. Post-termination Restrictions: Provisions relating to continued validity of existing restrictions or new post-employment obligations

3. Company Property: Requirements and timeline for return of company property and assets

4. Announcements: Terms regarding internal and external communications about the departure

What schedules should be included in a Post Settlement Agreement?

1. Schedule 1 - Payment Details: Detailed breakdown of settlement payments including statutory and ex-gratia amounts

2. Schedule 2 - Legal Adviser's Certificate: Independent legal adviser's confirmation of advice given to the employee

3. Schedule 3 - Reference Template: Agreed form of reference where applicable

4. Schedule 4 - Claims Being Settled: Comprehensive list of statutory and contractual claims being settled

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 and settlement agreements in England and Wales, including provisions for settlement agreements and statutory employment rights

Equality Act 2010: Legislation protecting against discrimination and promoting equality, crucial for ensuring settlement agreements don't violate discrimination laws

Common Law of Contract: Fundamental principles of contract law that govern the formation and enforcement of settlement agreements

Unfair Contract Terms Act 1977: Legislation regulating unfair terms in contracts, ensuring settlement agreement terms are fair and enforceable

Consumer Rights Act 2015: Relevant when settlement agreement involves consumer rights or service provisions

Working Time Regulations 1998: Regulations governing working hours and leave entitlements that may need to be addressed in settlement

National Minimum Wage Act 1998: Legislation ensuring any financial settlements comply with minimum wage requirements

Trade Union and Labour Relations (Consolidation) Act 1992: Legislation governing trade union rights and collective agreements that may impact settlement terms

ACAS Code of Practice: Regulatory guidance on settlement agreements and employment dispute resolution

Data Protection Act 2018: Legislation governing the handling of personal data in settlement agreements and associated documentation

UK GDPR: Data protection regulations ensuring compliance in handling personal information during settlement process

Tax Legislation: Various tax laws affecting the treatment of settlement payments and benefits

Limitation Act 1980: Legislation setting time limits for bringing legal claims, relevant for settlement agreement deadlines

Human Rights Act 1998: Legislation ensuring settlement agreements respect fundamental human rights

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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