Form Settlement Agreement And Release Template for Ireland

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Key Requirements PROMPT example:

Form Settlement Agreement And Release

"I need a Form Settlement Agreement and Release under Irish law for a senior software developer who is voluntarily leaving our technology company in January 2025, with an agreed settlement payment of €75,000 and continuation of share options for 12 months."

Document background
The Form Settlement Agreement and Release is a critical document used in Irish employment law context when an employer and employee wish to formally resolve employment-related disputes or agree to terms for the termination of employment. It serves as a legally binding contract that provides certainty and finality for both parties, typically including monetary compensation in exchange for the employee waiving their right to pursue various employment-related claims. The document must comply with Irish statutory requirements, including the necessity for the employee to receive independent legal advice. It addresses various aspects including financial settlement, confidentiality, non-disparagement, and the return of company property, while ensuring compliance with Irish employment legislation, tax laws, and data protection requirements. This type of agreement is particularly valuable in situations involving senior executives, redundancies, or where there are potential disputes that parties wish to resolve amicably.
Suggested Sections

1. Parties: Identifies all parties to the agreement, including full legal names and addresses

2. Background: Recitals explaining the context of the dispute or circumstances leading to the settlement

3. Definitions: Defines key terms used throughout the agreement

4. Settlement Payment: Details the amount, timing, and method of settlement payment, including tax treatment

5. Release of Claims: Comprehensive release of all claims by the employee against the employer and related parties

6. Company Property: Obligations regarding return of company property and documentation

7. Confidentiality: Obligations to keep the agreement and its terms confidential

8. Non-Disparagement: Mutual obligations not to make derogatory statements about each other

9. Tax Indemnity: Employee's indemnity regarding tax treatment of settlement payment

10. Legal Advice: Confirmation that independent legal advice was received

11. Entire Agreement: Confirmation that this document represents the entire agreement between parties

12. Governing Law: Specifies Irish law as governing law and Irish courts' jurisdiction

13. Execution: Signature blocks and execution provisions

Optional Sections

1. Garden Leave: Provisions relating to any garden leave period, used when employee is placed on paid leave during notice period

2. Post-termination Restrictions: Reaffirmation or modification of existing post-termination restrictive covenants, used when original employment contract contained restrictions

3. Reference: Terms regarding the provision of employment references, used when agreed as part of settlement

4. Announcement: Agreed internal/external communications about the departure, used in senior executive departures

5. Share Options/Benefits: Treatment of outstanding share options or benefits, used when employee has equity or benefit entitlements

6. Outplacement Support: Details of any career transition support, used when this forms part of the settlement package

7. Ongoing Cooperation: Obligations to assist with handover or future inquiries, used in complex roles or litigation contexts

8. Legal Costs: Provisions regarding payment of legal costs, used when employer is contributing to employee's legal fees

Suggested Schedules

1. Schedule 1 - Claims: Detailed list of statutory and common law claims being settled

2. Schedule 2 - Payment Details: Breakdown of settlement payment components and tax treatment

3. Schedule 3 - Company Property: Itemized list of company property to be returned

4. Appendix 1 - Adviser's Certificate: Independent legal adviser's certification of advice given

5. Appendix 2 - Resignation Letter: Form of resignation letter to be signed by employee

6. Appendix 3 - Agreed Reference: Text of agreed employment reference, if 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

Relevant Industries

Financial Services

Technology

Manufacturing

Retail

Healthcare

Professional Services

Education

Construction

Telecommunications

Media

Pharmaceutical

Energy

Transportation

Real Estate

Hospitality

Relevant Teams

Human Resources

Legal

Finance

Executive Leadership

Operations

Administration

Compliance

Risk Management

Relevant Roles

Chief Executive Officer

Managing Director

Senior Manager

Department Head

Project Manager

Sales Executive

Financial Controller

Software Developer

Operations Manager

Human Resources Manager

Account Manager

Marketing Director

Research Scientist

Regional Manager

Business Development Manager

Technical Lead

Administrative Officer

Product Manager

Customer Service Manager

Factory Supervisor

Industries
Employment Equality Acts 1998-2015: Fundamental legislation covering discrimination in employment, crucial for ensuring the settlement agreement doesn't inadvertently violate equality provisions and properly addresses any discrimination-related claims
Unfair Dismissals Acts 1977-2015: Essential for settlement agreements involving employment termination, ensuring proper waiver of claims and compliance with fair procedures
Payment of Wages Act 1991: Governs the payment of wages and deductions, relevant for structuring settlement payments and final salary arrangements
Taxes Consolidation Act 1997: Regulates taxation of settlement payments, distinguishing between taxable and tax-exempt portions of settlement amounts
General Data Protection Regulation (GDPR) and Data Protection Act 2018: Ensures proper handling of personal data in the agreement and compliance with data protection principles
Civil Law (Miscellaneous Provisions) Act 2008: Contains provisions affecting contract law and civil proceedings in Ireland
Protected Disclosures Act 2014: Relevant for settlements involving whistleblowing claims, as these rights cannot typically be waived
Organisation of Working Time Act 1997: Important for addressing any outstanding leave entitlements or working time claims in the settlement
Companies Act 2014: Relevant for corporate signatories and ensuring proper authority for execution of the agreement
Statute of Limitations 1957: Important for understanding time limits for various claims being settled and ensuring proper coverage in the release provisions
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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