Compromise Agreement Redundancy for Ireland

Compromise Agreement Redundancy Template for Ireland

A legally binding agreement governed by Irish law that formalizes the terms of an employee's departure from an organization due to redundancy. This document combines statutory redundancy requirements with additional terms and benefits negotiated between the employer and employee. It includes provisions for payment calculations, tax treatment, confidentiality obligations, and a comprehensive waiver of potential claims, all while ensuring compliance with Irish employment legislation. The agreement must meet specific requirements under Irish law, including the necessity for the employee to receive independent legal advice, to be valid and enforceable.

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What is a Compromise Agreement Redundancy?

The Compromise Agreement Redundancy is a crucial document used in Irish employment law when an organization needs to formalize a redundancy arrangement with an employee. It serves as a comprehensive settlement agreement that combines statutory redundancy requirements with any additional negotiated terms. This document is typically used when employers wish to ensure legal certainty and prevent future claims by providing enhanced redundancy packages beyond statutory minimums. The agreement must comply with Irish employment legislation, including the Redundancy Payments Acts and Unfair Dismissals Acts, and requires the employee to receive independent legal advice before signing. It covers essential elements such as payment terms, tax treatment, confidentiality provisions, and release of claims, while also addressing practical aspects of the employment termination such as the return of company property and post-employment restrictions.

What sections should be included in a Compromise Agreement Redundancy?

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

2. Background: Sets out the context of the employment relationship and the circumstances leading to redundancy

3. Definitions: Defines key terms used throughout the agreement

4. Termination Date: Specifies the official end date of employment and final working day if different

5. Payment Provisions: Details of statutory redundancy payment, ex-gratia payment, and other financial entitlements

6. Tax Treatment: Explains the tax treatment of various payments and indemnities relating to tax

7. Company Property: Requirements for return of company property and intellectual property rights

8. Confidentiality: Obligations regarding confidential information and terms of the agreement

9. Post-Termination Restrictions: Confirmation of any continuing restrictions from the employment contract

10. Waiver of Claims: Employee's waiver of potential claims against the employer, with statutory exceptions

11. Legal Advice: Confirmation that independent legal advice has been received

12. Employee Warranties: Employee confirmations regarding claims, other employment, and breaches

13. General Provisions: Standard boilerplate clauses including entire agreement, jurisdiction, and governing law

14. Execution: Signature blocks and execution requirements

What sections are optional to include in a Compromise Agreement Redundancy?

1. Garden Leave: Used when employee is placed on garden leave during notice period

2. Reference: Terms regarding the provision of employment references

3. Outplacement Support: Details of any career transition services provided

4. Company Benefits Continuation: Used when certain benefits continue post-termination

5. Share Options/Awards: Treatment of existing share schemes or equity arrangements

6. Announcement: Agreed internal/external communications about the departure

7. Non-Disparagement: Mutual obligations not to make derogatory statements

8. Assistance with Handover: Requirements for transitioning work responsibilities

What schedules should be included in a Compromise Agreement Redundancy?

1. Schedule 1 - Payment Calculation: Detailed breakdown of all payments including statutory redundancy calculation

2. Schedule 2 - Claims Being Settled: Comprehensive list of potential claims being waived

3. Schedule 3 - Continuing Obligations: Details of post-employment restrictions and obligations that survive termination

4. Schedule 4 - Company Property: Itemized list of company property to be returned

5. Appendix A - Certificate of Independent Legal Advice: Signed confirmation from the employee's legal advisor

6. Appendix B - Reference Template: Agreed form of reference where applicable

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

Ireland

Publisher

Genie AI

Cost

Free to use
Clauses
Relevant Industries

Financial Services

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Industries
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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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