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End Of Service Contract

End Of Service Contract Template for England and Wales

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Key Requirements PROMPT example:

End Of Service Contract

"Need an End of Service Contract for our departing Chief Technology Officer who is leaving on good terms in March 2025, including provisions for share options, garden leave, and an agreed reference letter."

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Document background
The End of Service Contract is essential when formally concluding an employment relationship in England and Wales. It's typically used when an employee's service is being terminated through mutual agreement, redundancy, or other circumstances requiring formal documentation. The contract covers crucial elements such as final remuneration, notice periods, confidentiality obligations, and post-employment restrictions. This document ensures compliance with UK employment legislation while providing legal certainty and protection for both parties involved.
Suggested Sections

1. Parties: Identification of employer and employee including full legal names and addresses

2. Background: Context of employment relationship and reason for termination

3. Definitions: Key terms used throughout the agreement including 'Termination Date', 'Company Property', etc.

4. Termination Date: Specific date employment ends, final working day, and treatment of notice period

5. Payment Terms: Details of final salary, notice pay, statutory payments, and timing of payments

6. Tax Treatment: Tax implications of payments and employer's tax withholding obligations

7. Company Property: Requirements and timeline for return of company assets and equipment

8. Confidentiality: Ongoing obligations regarding confidential information and trade secrets

Optional Sections

1. Garden Leave: Terms and conditions of garden leave period, including duration and obligations

2. Reference: Terms of employment reference and agreed format/content

3. Post-termination Restrictions: Non-compete and non-solicitation clauses, including duration and geographical scope

4. Share Options: Treatment of existing share options and other equity arrangements

Suggested Schedules

1. Schedule 1: Payment Breakdown: Detailed breakdown of all payments including statutory, contractual and ex-gratia amounts

2. Schedule 2: Company Property List: Itemized list of company property to be returned by the termination date

3. Appendix A: Reference Template: Agreed form of reference including specific wording and content

4. Appendix B: Continuing Obligations: Comprehensive list of contractual obligations that survive termination

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Clauses
Termination of Employment
Final Payment Terms
Payment in Lieu of Notice
Tax Treatment
Accrued Holiday Pay
Benefits and Perquisites
Company Property Return
Confidentiality
Intellectual Property Rights
Non-Disparagement
Post-Termination Restrictions
Non-Competition
Non-Solicitation
Reference Provision
Legal Advice
Full and Final Settlement
Waiver of Claims
Garden Leave
Continuing Obligations
Data Protection
Pension Arrangements
Share Options
Variation
Severability
Governing Law
Third Party Rights
Entire Agreement
Counterparts
Industries

Employment Rights Act 1996: Core employment legislation covering statutory notice periods, redundancy payments, final pay calculations, and protection of employment rights

Equality Act 2010: Legislation ensuring protection against discrimination, equal treatment requirements, and consideration of protected characteristics in employment matters

Pensions Act 2008: Governs the treatment of pension contributions and final pension arrangements upon termination of employment

Income Tax Act 2007 and Finance Acts: Legislative framework for tax treatment of termination payments, benefits, and bonuses

ACAS Code of Practice: Regulatory guidance on fair procedures, handling grievances, and settlement negotiations during employment termination

GDPR and Data Protection Act 2018: Regulations governing the handling of personal data and data retention requirements during and after employment

Working Time Regulations 1998: Legislation covering treatment of accrued holiday pay and working time records at end of service

Common Law Principles: Legal principles covering confidentiality obligations, post-termination restrictions, and intellectual property rights

Tax Regulations: Specific regulations regarding Payment in Lieu of Notice (PILON), ex-gratia payments, and treatment of benefits during termination

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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