A Termination Settlement Agreement is a crucial document used in Ireland when an employer and employee agree to end their employment relationship on mutually agreed terms. It's typically used in situations involving redundancy, voluntary departure, or resolution of workplace disputes. The document serves multiple purposes: it provides legal certainty by documenting all termination terms, protects the employer from future claims, ensures the employee receives agreed compensation, and maintains confidentiality. Under Irish law, such agreements must meet specific requirements to be legally binding, including the necessity for the employee to receive independent legal advice. The agreement comprehensively addresses various aspects including financial settlements, tax implications, ongoing obligations, and waivers of claims, while ensuring compliance with Irish employment legislation and tax laws.
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1. Parties: Identifies the employer and employee, including full legal names and addresses
2. Background: Sets out the context of the employment relationship, including start date, role, and the fact that the parties have agreed to terminate the employment
3. Definitions: Defines key terms used throughout the agreement
4. Termination Date: Specifies the official end date of employment and handling of notice period
5. Final Payment and Benefits: Details all payments including salary, notice pay, statutory redundancy (if applicable), ex-gratia payments, and benefits
6. Tax Treatment: Explains tax treatment of various payments and indemnities regarding tax liability
7. Company Property: Requirements for return of company property and documents
8. Confidentiality: Ongoing obligations regarding confidential information
9. Employee Warranties and Undertakings: Employee confirmations regarding company property, confidential information, and future conduct
10. Settlement and Waiver: Full and final settlement terms and waiver of claims against the employer
11. Legal Advice: Confirmation that independent legal advice has been received
12. Entire Agreement: Confirms this agreement supersedes all previous agreements regarding the subject matter
13. Governing Law: Specifies Irish law as governing law and Irish courts' jurisdiction
14. Execution: Signature blocks for all parties including witnesses
1. Post-Termination Restrictions: Reaffirmation or modification of existing restrictive covenants, used when employment contract contains post-termination restrictions
2. Reference: Terms regarding the provision of employment references, used when agreed as part of settlement
3. Outplacement Support: Details of any outplacement services offered, used when this forms part of the settlement package
4. Share Options/Awards: Treatment of existing share options or awards, used when employee has share-based incentives
5. Garden Leave: Terms of any garden leave period, used when employee will be placed on garden leave before termination
6. Internal/External Announcements: Agreed form of announcements, used when parties agree to coordinate communications
7. Ongoing Cooperation: Terms for employee's assistance with handover or future queries, used when needed for business continuity
8. Legal Costs: Agreement regarding payment of legal costs, used when employer will contribute to employee's legal fees
1. Schedule 1 - Payment Schedule: Detailed breakdown of all payments to be made, including timing and tax treatment
2. Schedule 2 - Claims Being Settled: Comprehensive list of statutory and contractual claims being waived
3. Schedule 3 - Certificate of Independent Legal Advice: Form to be completed by employee's legal advisor confirming advice given
4. Schedule 4 - Resignation Letter: Form of resignation letter if required
5. Appendix A - Agreed Reference: Text of agreed employment reference if applicable
6. Appendix B - Announcement Text: Agreed form of internal/external announcements if applicable
Relevant legal definitions
Agreement
Company
Employee
Termination Date
Employment
Final Payment
Compensation
Claims
Group Company
Board
Confidential Information
Intellectual Property Rights
Business
Client
Customer
Competitor
Protected Information
Restrictive Covenants
Settlement Sum
Tax Liability
Independent Legal Adviser
Certificate of Independent Legal Advice
Company Property
Statutory Claims
Working Day
Effective Date
Parties
Notice Period
Outstanding Obligations
Associated Employer
Surviving Provisions
Garden Leave
Reference
Announcement
Employee Benefits
Accrued Rights
Share Options
Consideration
Professional Advisers
Company
Employee
Termination Date
Employment
Final Payment
Compensation
Claims
Group Company
Board
Confidential Information
Intellectual Property Rights
Business
Client
Customer
Competitor
Protected Information
Restrictive Covenants
Settlement Sum
Tax Liability
Independent Legal Adviser
Certificate of Independent Legal Advice
Company Property
Statutory Claims
Working Day
Effective Date
Parties
Notice Period
Outstanding Obligations
Associated Employer
Surviving Provisions
Garden Leave
Reference
Announcement
Employee Benefits
Accrued Rights
Share Options
Consideration
Professional Advisers
Clauses
Interpretation
Termination
Payments
Tax
Company Property
Confidentiality
Non-Disparagement
References
Warranties
Release of Claims
Waiver
Non-Compete
Non-Solicitation
Legal Advice
Announcements
Data Protection
Intellectual Property
Post-Termination Assistance
Entire Agreement
Severability
Third Party Rights
Variation
Assignment
Notices
Counterparts
Governing Law
Jurisdiction
Good Faith
Further Assurance
Costs
Indemnification
Garden Leave
Share Options
Benefits Continuation
Outplacement Support
Termination
Payments
Tax
Company Property
Confidentiality
Non-Disparagement
References
Warranties
Release of Claims
Waiver
Non-Compete
Non-Solicitation
Legal Advice
Announcements
Data Protection
Intellectual Property
Post-Termination Assistance
Entire Agreement
Severability
Third Party Rights
Variation
Assignment
Notices
Counterparts
Governing Law
Jurisdiction
Good Faith
Further Assurance
Costs
Indemnification
Garden Leave
Share Options
Benefits Continuation
Outplacement Support
Relevant Industries
Financial Services
Technology
Manufacturing
Retail
Healthcare
Professional Services
Education
Construction
Telecommunications
Media
Pharmaceutical
Energy
Transportation
Hospitality
Non-Profit
Public Sector
Agriculture
Mining
Real Estate
Insurance
Relevant Teams
Human Resources
Legal
Finance
Payroll
Compliance
Executive Leadership
People Operations
Employee Relations
Compensation & Benefits
Risk Management
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Managing Director
Senior Manager
Department Head
Project Manager
Software Developer
Sales Representative
Account Manager
Operations Manager
Human Resources Manager
Marketing Manager
Financial Analyst
Research Scientist
Administrative Assistant
Customer Service Representative
Production Supervisor
Regional Director
Vice President
General Counsel
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