Severance Pay Release Of Claims Form Template for England and Wales

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Key Requirements PROMPT example:

Severance Pay Release Of Claims Form

"I need a Severance Pay Release Of Claims Form for a senior IT manager who is being made redundant, with a £50,000 severance package and continued health benefits until March 2025, including standard non-compete clauses for the technology sector."

Document background
The Severance Pay Release Of Claims Form is a crucial document used in employment terminations under English and Welsh law. It is typically implemented when an employer wishes to ensure a clean break from an employment relationship while providing financial compensation to the employee. The document serves multiple purposes: it details the severance payment terms, provides legal protection for the employer through the release of claims, and gives clarity to the employee about their rights and obligations. This form is particularly important in situations involving redundancy, mutual separation, or settlement of potential employment disputes.
Suggested Sections

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

2. Background: Context of employment, including start date, termination circumstances, and reason for separation

3. Definitions: Key terms used throughout the document including 'Claims', 'Termination Date', 'Severance Payment'

4. Payment Terms: Detailed breakdown of severance amount, payment method, timing, and tax treatment

5. Release of Claims: Comprehensive release of all claims against employer, including statutory and common law claims

6. Non-waivable Rights: Statement of rights that cannot be legally waived under English law

7. Tax Implications: Tax treatment of payments and employer/employee tax responsibilities

Optional Sections

1. Confidentiality: Non-disclosure obligations regarding the terms of settlement and company information

2. Reference Provision: Terms and format of future employment references to be provided

3. Post-termination Restrictions: Non-compete and non-solicitation provisions if applicable

4. Company Property Return: Requirements and timeline for returning company assets and documents

Suggested Schedules

1. Schedule of Claims: Comprehensive list of specific claims being released under various employment legislation

2. Payment Schedule: Detailed breakdown of payment components including basic severance, holiday pay, and other entitlements

3. Certificate of Independent Legal Advice: Form for legal advisor to confirm independent legal advice has been provided to employee

4. Post-termination Obligations: Detailed listing of ongoing obligations and restrictions after employment ends

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

Relevant Industries
Relevant Teams
Relevant Roles
Industries

Employment Rights Act 1996: Core employment legislation covering statutory redundancy payments, unfair dismissal provisions, and notice period requirements. Section 203 specifically deals with settlement agreements.

Equality Act 2010: Legislation protecting against discrimination in employment. Crucial for ensuring the release doesn't waive non-waivable discrimination rights.

Income Tax (Earnings and Pensions) Act 2003: Tax legislation governing the treatment of termination payments, including the £30,000 tax-free allowance for genuine redundancy payments.

Settlement Agreements Requirements: Legal requirements for valid settlement agreements, including the need for independent legal advice and proper consideration.

Age Discrimination Provisions: Specific provisions ensuring any age-related terms in the agreement are objectively justified and non-discriminatory.

Data Protection Act 2018 and UK GDPR: Legislation governing the handling of personal data and privacy considerations in employment documentation.

Working Time Regulations 1998: Regulations covering holiday pay and accrued but untaken holiday considerations in termination scenarios.

National Minimum Wage Act 1998: Legislation ensuring any payments in the agreement meet minimum wage requirements.

Financial Services and Markets Act 2000: Specific regulatory requirements for regulated industries that may affect severance terms and conditions.

Contract Law Principles: Common law principles governing contracts including consideration, capacity to contract, and clarity of terms.

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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