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Laid Off Separation Agreement Template for England and Wales

A Laid Off Separation Agreement (Settlement Agreement) is a legally binding contract under England and Wales law that formalizes the termination of employment through redundancy. It sets out the terms and conditions of the separation, including financial compensation, benefits continuation, and mutual obligations. The agreement typically includes statutory redundancy pay calculations, notice period arrangements, and a waiver of potential claims against the employer in exchange for an enhanced settlement package.

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What is a Laid Off Separation Agreement?

The Laid Off Separation Agreement is used when an employer in England and Wales needs to formally document the termination of employment through redundancy. It provides legal protection for both parties by clearly stating the terms of separation, including financial settlements, continuing obligations, and the waiver of potential claims. The agreement must comply with UK employment law requirements, including the provision of independent legal advice to the employee. It's particularly relevant during company restructuring, downsizing, or when positions become redundant due to technological or organizational changes.

What sections should be included in a Laid Off Separation Agreement?

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 related provisions

5. Payment Terms: Redundancy payment, notice pay, and other financial considerations

6. Tax Indemnity: Tax treatment of payments and related indemnities

7. Waiver of Claims: Employee's waiver of employment-related claims

8. Confidentiality: Obligations regarding confidential information

What sections are optional to include in a Laid Off Separation Agreement?

1. Garden Leave: Terms of garden leave during notice period, if applicable

2. Post-termination Restrictions: Non-compete and other restrictive covenants for business protection

3. Share Options: Treatment of existing share options and company shares

4. Reference Provision: Terms and conditions for future employment references

What schedules should be included in a Laid Off Separation Agreement?

1. Schedule 1: Payment Breakdown: Detailed breakdown of all payments including redundancy, notice and other entitlements

2. Schedule 2: Claims Being Settled: Comprehensive list of specific claims being waived under the agreement

3. Schedule 3: Adviser's Certificate: Independent legal adviser's certification as required by law

4. Appendix A: Reference Template: Agreed form of reference template for future employment inquiries

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

Jurisdiction

England and Wales

Publisher

Genie AI

Document Type

Severance Agreement

Cost

Free to use

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