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Agreement Not To Sue Employer

Agreement Not To Sue Employer Template for Ireland

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Key Requirements PROMPT example:

Agreement Not To Sue Employer

"I need an Agreement Not To Sue Employer under Irish law for a senior executive's voluntary departure, including specific provisions for confidentiality and a mutual non-disparagement clause, with the agreement to take effect from March 1, 2025."

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Document background
An Agreement Not To Sue Employer is a crucial document in Irish employment law used to resolve potential or existing disputes between employers and employees without resorting to litigation. This agreement is typically implemented when both parties wish to settle matters amicably, often in conjunction with employment termination or resolution of workplace disputes. The document must carefully balance the employer's desire for finality with the employee's statutory rights under Irish law, which cannot be contracted out of. It includes essential elements such as the specific claims being waived, consideration provided, acknowledgment of independent legal advice, and clear statements about excluded claims. The agreement must comply with various Irish employment legislation, including the Employment Equality Acts 1998-2015 and the Unfair Dismissals Acts 1977-2015, while also adhering to EU employment protection requirements.
Suggested Sections

1. Parties: Identifies and defines the employer and employee who are parties to the agreement

2. Background: Sets out the context of the agreement, including relevant employment history and existence of potential claims

3. Definitions: Defines key terms used throughout the agreement

4. Consideration: Details the consideration being provided in exchange for the agreement not to sue

5. Waiver and Release: Specifies the claims and rights being waived by the employee

6. Excluded Claims: Lists statutory rights and claims that cannot be waived under Irish law

7. Employee Acknowledgments: Employee's confirmation of understanding, voluntary acceptance, and opportunity to seek legal advice

8. Non-Admission of Liability: Statement that the agreement does not constitute admission of liability by either party

9. Governing Law: Specifies Irish law as governing law and Irish courts as having jurisdiction

10. Entire Agreement: Confirms this document represents the entire agreement between parties

11. Execution: Signature blocks and execution provisions

Optional Sections

1. Confidentiality: Terms regarding confidentiality of the agreement and its terms, used when parties wish to keep the agreement private

2. Ongoing Obligations: Details any continuing obligations of either party, used when there are ongoing commitments

3. Return of Property: Requirements for returning company property, used when employee has company assets

4. References: Terms regarding future employment references, used when parties agree on reference arrangements

5. Tax Indemnity: Tax-related provisions and indemnities, used when payment arrangements have tax implications

6. Non-Disparagement: Mutual or one-way non-disparagement provisions, used when parties wish to prevent negative statements

7. Revocation Period: Period during which the employee can revoke the agreement, used when required by specific circumstances

Suggested Schedules

1. Schedule 1 - Specific Claims: Detailed list of specific claims being waived

2. Schedule 2 - Payment Details: Breakdown of any financial consideration being provided

3. Schedule 3 - Company Property: List of company property to be returned, if applicable

4. Appendix A - Statutory Rights: Comprehensive list of statutory rights that cannot be waived under Irish law

5. Appendix B - Legal Advice Certificate: Certificate from legal advisor confirming independent legal advice was provided

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Financial Services

Technology

Manufacturing

Retail

Healthcare

Professional Services

Education

Construction

Telecommunications

Media and Entertainment

Hospitality

Transportation and Logistics

Energy and Utilities

Real Estate

Non-Profit Organizations

Relevant Teams

Human Resources

Legal

Compliance

Executive Leadership

Employee Relations

Risk Management

Corporate Governance

Administration

Relevant Roles

Human Resources Director

HR Manager

Legal Counsel

Employment Law Specialist

Chief Human Resources Officer

Employee Relations Manager

HR Business Partner

Chief Legal Officer

General Counsel

Risk Management Officer

Compliance Officer

Chief Executive Officer

Chief Operating Officer

Department Manager

Line Manager

Industries
Employment Equality Acts 1998-2015: These acts protect against discrimination in the workplace and establish fundamental rights that cannot be waived, even in an agreement not to sue
Industrial Relations Acts 1946-2015: Governs workplace disputes and establishes frameworks for dispute resolution in Ireland
Unfair Dismissals Acts 1977-2015: Provides protection against unfair dismissal and establishes employee rights that cannot be contracted out of
Protection of Employees (Fixed-Term Work) Act 2003: Ensures protection of fixed-term workers and establishes certain non-waivable rights
Terms of Employment (Information) Acts 1994-2014: Stipulates requirements for employment terms and conditions documentation
Civil Law (Miscellaneous Provisions) Act 2011: Contains provisions affecting contract law and civil agreements in Ireland
Organisation of Working Time Act 1997: Establishes fundamental working time rights that cannot be contracted out of
Payment of Wages Act 1991: Governs payment of wages and related rights that must be considered in any employment-related agreement
Workplace Relations Act 2015: Establishes modern framework for employment dispute resolution and must be considered in agreements not to sue
General Data Protection Regulation (GDPR) and Data Protection Act 2018: Governs handling of personal data and employee privacy rights that may be relevant to the agreement
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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