Employment Rights Act 1996: Primary legislation covering basic employment rights, statutory notice periods, unfair dismissal provisions, and redundancy payments. Section 203 specifically outlines requirements for valid settlement agreements.
Equality Act 2010: Legislation ensuring protection against discrimination, equal treatment provisions, and safeguarding of protected characteristics in employment relationships.
Trade Union and Labour Relations (Consolidation) Act 1992: Covers collective redundancy provisions and trade union rights that may need to be considered in termination agreements.
Working Time Regulations 1998: Governs holiday pay calculations and accrued leave entitlements that must be settled in termination agreements.
Data Protection Act 2018 and UK GDPR: Regulates the handling of personal data and privacy rights during and after employment termination.
Income Tax Act 2007: Determines tax implications and treatment of termination payments and settlement amounts.
Settlement Agreement Requirements: Legal requirements including: written format, relation to specific proceedings/complaints, independent legal advice requirement, adviser's professional indemnity insurance, adviser identification, and statutory compliance statements.
Post-Termination Considerations: Additional elements including confidentiality provisions, post-termination restrictions, pension implications, company property return, and reference arrangements.
