An Employment Waiver Release Agreement is commonly used in England and Wales when employment relationships are terminated by mutual agreement or as part of a settlement. This document serves to protect both parties by clearly defining the terms of separation, including financial arrangements, confidentiality obligations, and the scope of claims being waived. It must comply with strict statutory requirements under English law, including the Employment Rights Act 1996 and the Equality Act 2010. The agreement typically includes provisions for payment terms, tax treatment, and requires independent legal advice to be valid.
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1. 1. Parties: Identification of employer and employee parties to the agreement
2. 2. Background: Context of employment relationship and circumstances leading to the agreement
3. 3. Definitions: Key terms and their meanings used throughout the agreement
4. 4. Termination Date: Specification of the employment end date and final working day
5. 5. Payment Terms: Details of settlement payment amounts, timing, and method of payment
6. 6. Tax Treatment: Tax implications of payments and parties' responsibilities regarding tax
7. 7. Waiver of Claims: Comprehensive list of claims being waived by the employee
8. 8. Employee Warranties: Employee confirmations and declarations regarding claims and circumstances
1. Post-termination Restrictions: Non-compete and other restrictive covenants to protect business interests
2. Reference Provision: Terms and format of future employment references
3. Company Property: Provisions regarding return of company assets and intellectual property
4. Outplacement Support: Details of career transition assistance if provided
1. Schedule 1 - Claims: Detailed list of statutory and contractual claims being waived
2. Schedule 2 - Payment Breakdown: Itemized list of payments and their tax treatment
3. Schedule 3 - Adviser's Certificate: Independent legal adviser's confirmation of advice given
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