Director Settlement Agreement Generator for England and Wales

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Key Requirements PROMPT example:

Director Settlement Agreement

"I need a Director Settlement Agreement for our UK tech company's departing Finance Director who is leaving due to restructuring, with a £150,000 settlement payment and 12-month non-compete restrictions, with the termination date set for March 31, 2025."

Document background
Director Settlement Agreements are used when a company and a director agree to terminate their relationship on mutually agreed terms. This document, governed by England and Wales law, provides certainty and protection for both parties by clearly defining the termination arrangements, including financial settlements, ongoing obligations, and the waiver of potential claims. The agreement is particularly important for ensuring compliance with corporate governance requirements and managing potential risks associated with director departures. A Director Settlement Agreement typically requires independent legal advice and must comply with various statutory requirements, including those under the Companies Act 2006 and employment legislation.
Suggested Sections

1. Parties: Identification of the company and director

2. Background: Context of directorship and reason for settlement

3. Definitions: Key terms used throughout the agreement

4. Termination Date: Specified date of directorship termination

5. Payment Terms: Settlement sum and payment arrangements

6. Tax Provisions: Tax treatment of payments

7. Confidentiality: Ongoing confidentiality obligations

8. Waiver of Claims: Mutual release of claims

Optional Sections

1. Garden Leave: Terms of garden leave if applicable - use when director is placed on garden leave before termination

2. Share Options: Treatment of existing share options - use when director holds company shares or options

3. Post-Termination Restrictions: Non-compete and other restrictive covenants - use when additional restrictions are required

4. Regulatory Compliance: Specific regulatory obligations - use for regulated industries

Suggested Schedules

1. Schedule 1 - Claims: List of statutory claims being settled

2. Schedule 2 - Company Property: List of items to be returned

3. Schedule 3 - Announcement: Agreed form of announcement regarding departure

4. Schedule 4 - Reference: Agreed form of reference

5. Adviser's Certificate: Legal adviser's confirmation of advice given

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

Clauses
Relevant Industries
Relevant Teams
Relevant Roles
Industries

Companies Act 2006: Primary legislation governing company directors' duties, obligations, removal procedures, and service contract provisions

Employment Rights Act 1996: Covers statutory employment rights, unfair dismissal provisions, and redundancy rights applicable to directors

Equality Act 2010: Addresses protection against discrimination, harassment, and victimization claims in employment relationships

Senior Managers and Certification Regime: Regulatory framework for financial services sector covering obligations and fitness/propriety requirements

Data Protection Act 2018 and UK GDPR: Legislation governing processing of personal data and privacy rights in employment context

Corporate Governance Code: Best practices guidelines for listed companies including board composition requirements

Income Tax Act 2007: Tax legislation relevant to treatment of termination payments and National Insurance contributions

TUPE Regulations 2006: Protection of Employment regulations applicable in business transfer situations

Working Time Regulations 1998: Legislation covering holiday pay considerations and working time rights

Limitations Act 1980: Governs time limits for claims and enforceability of contractual terms

Financial Services and Markets Act 2000: Regulatory framework for financial services sector, relevant if director is in regulated industry

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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