Separation Agreement And Release Template for England and Wales

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Separation Agreement And Release

"I need a Separation Agreement And Release for a senior software developer who is leaving our London-based tech company amicably, with a £50,000 settlement payment and garden leave period until their termination date of March 15, 2025."

Document background

A Separation Agreement And Release is used when employment is terminated by mutual agreement in England and Wales. It provides legal certainty to both parties by documenting the terms of separation and preventing future claims. The agreement typically includes financial settlements, confidentiality provisions, and releases of claims. It must comply with UK employment legislation, particularly regarding the waiver of statutory rights, and requires independent legal advice to be valid. This document is commonly used in corporate restructuring, voluntary departures, or resolving workplace disputes.

Suggested Sections

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

2. Background: Brief history of employment relationship and circumstances leading to separation

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

4. Termination Date: Specific date employment ends and final working day if different

5. Payment Terms: Details of severance payment, notice pay, and other financial considerations

6. Tax Indemnity: Employee's responsibility for tax on payments received

7. Waiver of Claims: Employee's agreement to waive employment-related legal claims

8. Confidentiality: Obligations regarding company confidential information and agreement terms

Optional Sections

1. Garden Leave: Terms of garden leave during notice period, if employee is being placed on garden leave

2. Post-termination Restrictions: Non-compete and non-solicitation provisions, used when existing restrictive covenants are being enforced or modified

3. Reference: Terms of employment reference to be provided, when parties agree on specific reference terms

4. Company Property: Return of company assets and equipment, when employee has company property to return

5. Outplacement Support: Details of career transition services, when outplacement support is offered

Suggested Schedules

1. Schedule 1: Claims Being Settled: Comprehensive list of statutory and contractual claims being waived

2. Schedule 2: Payment Calculation: Detailed breakdown of all payments including statutory, contractual and ex-gratia amounts

3. Schedule 3: Adviser's Certificate: Independent legal adviser's confirmation of advice given

4. Appendix A: Reference Template: Agreed form of reference where applicable

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

alex.den.21@genieai.co

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Alex Denne

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