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Severance Agreement Letter for the United Kingdom

Severance Agreement Letter Template for England and Wales

A Severance Agreement Letter is a formal document under English and Welsh law that sets out the terms and conditions of an employee's departure from their employment. It typically includes details of the termination date, financial compensation, benefits continuation, and mutual releases of claims. The document serves as a legally binding agreement that protects both employer and employee interests while ensuring compliance with UK employment law requirements, including the necessity for independent legal advice.

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What is a Severance Agreement Letter?

The Severance Agreement Letter is utilized when an employment relationship is being terminated by mutual agreement or as part of a settlement. This document, governed by English and Welsh law, provides clarity and legal certainty for both parties regarding the termination terms. It typically includes financial compensation details, continuing obligations, and waivers of potential claims. The agreement must comply with Section 203 of the Employment Rights Act 1996 and requires independent legal advice to be valid. A properly drafted Severance Agreement Letter helps prevent future disputes and provides a clean break for both parties.

What sections should be included in a Severance Agreement Letter?

1. Opening Statement: Date, addressee details, and confirmation of employment termination

2. Termination Date: Clear statement of when employment ends and last working day

3. Financial Terms: Breakdown of severance payment, notice pay, holiday pay, and other financial entitlements

4. Tax Treatment: Explanation of tax handling of various payment elements including tax-free and taxable portions

5. Waiver of Claims: Comprehensive list of claims being waived and confirmation of settlement under Section 203 ERA

What sections are optional to include in a Severance Agreement Letter?

1. Reference Provision: Terms of employment reference and agreed wording when included as part of settlement

2. Outplacement Support: Details of any career transition services or support offered as part of the package

3. Company Property: Requirements and timeline for returning company assets, equipment, and documents

4. Post-termination Restrictions: Reminder of ongoing obligations including confidentiality and restrictive covenants

5. Medical/Life Insurance Benefits: Details of any continued benefits coverage or termination of benefits

What schedules should be included in a Severance Agreement Letter?

1. Certificate of Independent Legal Advice: Mandatory confirmation from qualified legal advisor that employee received required independent advice

2. Payment Schedule: Detailed breakdown of all payments, their timing, and tax treatment

3. Reference Template: Agreed form of reference when included as part of the settlement terms

4. List of Claims: Comprehensive list of statutory and contractual claims being settled

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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