Severance Agreement And General Release for the United Kingdom

Severance Agreement And General Release Template for England and Wales

A legally binding document under English and Welsh law that formalizes the termination of employment between an employer and employee. It outlines the terms of separation, including financial compensation, benefits continuation, and mutual releases of claims. The agreement ensures compliance with UK employment law requirements, including the necessity for independent legal advice and proper consideration of statutory rights. It provides protection for both parties by clearly defining post-employment obligations and preventing future legal disputes.

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What is a Severance Agreement And General Release?

A Severance Agreement And General Release is utilized when an employment relationship is being terminated by mutual agreement under English and Welsh law. This document is crucial for protecting both employer and employee interests by clearly defining separation terms, including financial compensation, ongoing obligations, and mutual releases. It must comply with UK employment legislation, particularly regarding independent legal advice requirements and statutory rights. The agreement typically includes provisions for confidentiality, non-disparagement, and the treatment of company property, while ensuring all terms are enforceable under English law.

What sections should be included in a Severance Agreement And General Release?

1. Parties: Identification of employer and employee

2. Background: Context of employment and circumstances leading to separation

3. Definitions: Key terms used throughout the agreement

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

5. Severance Payment: Details of payment amounts, timing, and tax treatment

6. General Release: Waiver of claims against employer

7. Confidentiality: Obligations regarding company information and agreement terms

8. Legal Advice: Confirmation of independent legal advice received

What sections are optional to include in a Severance Agreement And General Release?

1. Garden Leave: Terms of any period where employee remains employed but not working

2. Reference: Terms of future employment references

3. Post-termination Restrictions: Non-compete and non-solicitation provisions

4. Company Property: Return of company assets and equipment

What schedules should be included in a Severance Agreement And General Release?

1. Schedule 1: Payment Calculation: Detailed breakdown of severance payment components

2. Schedule 2: Agreed Reference: Template of agreed employment reference

3. Schedule 3: Adviser's Certificate: Legal adviser's confirmation of provided advice

4. Schedule 4: Resignation Letter: Template resignation letter if required

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

Document Type

Release Agreement

Cost

Free to use
Industries

Employment Rights Act 1996: Primary legislation governing termination of employment and statutory payments. Section 203 specifically deals with requirements for valid settlement agreements, including the need for independent legal advice and advisor identification.

Equality Act 2010: Key legislation ensuring protection against discrimination and proper handling of discrimination-related claims in settlement agreements. Ensures release clauses are properly constructed and don't improperly waive discrimination rights.

Age Discrimination Act 2006: Specific legislation addressing age-related discrimination and termination considerations in employment.

Employment Protection (Consolidation) Act 1978: Foundational legislation establishing basic employment rights that must be considered in severance agreements.

ACAS Code of Practice: Regulatory guidance outlining proper procedures for termination and specific requirements for settlement agreements.

GDPR and Data Protection Act 2018: Legislation governing the handling of personal data and data privacy rights during the termination process and in settlement documentation.

Income Tax (Earnings and Pensions) Act 2003: Tax legislation specifying the treatment of severance payments, including the £30,000 tax-free threshold for genuine ex-gratia payments.

National Insurance Contributions Regulations: Regulations governing the treatment of National Insurance Contributions in relation to severance payments and settlements.

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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