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Settlement Agreement Compensation Payment for the United Kingdom

Settlement Agreement Compensation Payment Template for England and Wales

A Settlement Agreement Compensation Payment is a legally binding contract under English and Welsh law that formally concludes an employment relationship and settles any potential claims between an employer and employee. The agreement details the terms of compensation, including both taxable and non-taxable elements, and typically includes provisions for confidentiality, waiver of claims, and future references. It must comply with statutory requirements and be accompanied by independent legal advice to be valid.

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Settlement Agreement Compensation Payment

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What is a Settlement Agreement Compensation Payment?

The Settlement Agreement Compensation Payment is commonly used in England and Wales to resolve employment disputes or facilitate mutually agreed terminations. This document is essential when employers and employees wish to achieve a clean break while ensuring legal certainty and protection for both parties. It typically arises in situations of redundancy, performance issues, or other workplace disputes where both parties prefer to avoid litigation. The agreement must comply with the Employment Rights Act 1996 and related legislation, and includes detailed provisions about payment terms, tax treatment, and mutual obligations.

What sections should be included in a Settlement Agreement Compensation Payment?

1. Parties: Identification of all parties to the agreement including employer and employee details

2. Background: Context of the dispute, employment history, and reason for settlement

3. Definitions: Key terms used throughout the agreement including defined terms for Settlement Sum, Termination Date, etc.

4. Settlement Sum: Details of compensation amount, payment terms, and timing of payments

5. Tax Treatment: Breakdown of taxable and non-taxable elements, including treatment under Income Tax laws

6. Waiver of Claims: Employee's comprehensive waiver of legal claims against employer and group companies

7. Confidentiality: Terms regarding confidentiality of the agreement and its contents

What sections are optional to include in a Settlement Agreement Compensation Payment?

1. Reference Provision: Terms regarding future employment references and agreed reference wording

2. Post-termination Restrictions: Restrictive covenants, non-compete clauses, and ongoing obligations

3. Company Property: Requirements and timeline for return of company property and assets

4. Ongoing Obligations: Continuing duties post-settlement including confidentiality and intellectual property

What schedules should be included in a Settlement Agreement Compensation Payment?

1. Schedule 1: Payment Breakdown: Detailed breakdown of settlement payment components including statutory and ex-gratia payments

2. Schedule 2: Claims Being Settled: Comprehensive list of statutory and common law claims being waived

3. Appendix A: Agreed Reference: Template of agreed employment reference for future use

4. Appendix B: Adviser's Certificate: Independent legal adviser's certification as required by law

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

England and Wales

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions





























Clauses





























Industries

Employment Rights Act 1996: Primary legislation governing employment rights, including statutory payments, unfair dismissal provisions, and redundancy payment calculations. Key for determining basic award and statutory entitlements in settlement agreements.

Taxes Management Act 1970 and Income Tax (Earnings and Pensions) Act 2003: Crucial tax legislation that governs the tax treatment of settlement payments, including the £30,000 tax-free threshold for qualifying termination payments and HMRC reporting requirements.

Equality Act 2010: Ensures settlement agreements comply with anti-discrimination laws, covers protected characteristics, and relevant for discrimination-based claims settlement.

Employment Tribunals Act 1996: Establishes jurisdiction for employment disputes and defines tribunal procedures and powers relevant to settlement agreements.

Companies Act 2006: Governs corporate authority to enter into settlements and directors' duties regarding settlement payments.

Limitation Act 1980: Sets out time limits for bringing claims and relevant for waiver provisions in settlement agreements.

Contract Law principles: Common law principles governing contract formation, consideration requirements, and general contractual validity.

ACAS Code of Practice on Settlement Agreements: Provides best practice guidance and procedural requirements for settlement agreements.

GDPR/Data Protection Act 2018: Regulates the handling and processing of personal data within settlement agreements.

Working Time Regulations 1998: Relevant for calculating holiday pay entitlements that may be included in settlement payments.

National Insurance Contributions Act: Determines National Insurance implications and obligations related to settlement payments.

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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