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.
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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
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
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
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