Termination Settlement Agreement Template for Ireland

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Key Requirements PROMPT example:

Termination Settlement Agreement

"I need a Termination Settlement Agreement under Irish law for a senior executive's voluntary departure, including provisions for unvested stock options, ongoing consultancy arrangements for 6 months post-termination, and an agreed announcement to the stock market."

Document background
A Termination Settlement Agreement is a crucial document used in Ireland when an employer and employee agree to end their employment relationship on mutually agreed terms. It's typically used in situations involving redundancy, voluntary departure, or resolution of workplace disputes. The document serves multiple purposes: it provides legal certainty by documenting all termination terms, protects the employer from future claims, ensures the employee receives agreed compensation, and maintains confidentiality. Under Irish law, such agreements must meet specific requirements to be legally binding, including the necessity for the employee to receive independent legal advice. The agreement comprehensively addresses various aspects including financial settlements, tax implications, ongoing obligations, and waivers of claims, while ensuring compliance with Irish employment legislation and tax laws.
Suggested Sections

1. Parties: Identifies the employer and employee, including full legal names and addresses

2. Background: Sets out the context of the employment relationship, including start date, role, and the fact that the parties have agreed to terminate the employment

3. Definitions: Defines key terms used throughout the agreement

4. Termination Date: Specifies the official end date of employment and handling of notice period

5. Final Payment and Benefits: Details all payments including salary, notice pay, statutory redundancy (if applicable), ex-gratia payments, and benefits

6. Tax Treatment: Explains tax treatment of various payments and indemnities regarding tax liability

7. Company Property: Requirements for return of company property and documents

8. Confidentiality: Ongoing obligations regarding confidential information

9. Employee Warranties and Undertakings: Employee confirmations regarding company property, confidential information, and future conduct

10. Settlement and Waiver: Full and final settlement terms and waiver of claims against the employer

11. Legal Advice: Confirmation that independent legal advice has been received

12. Entire Agreement: Confirms this agreement supersedes all previous agreements regarding the subject matter

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

14. Execution: Signature blocks for all parties including witnesses

Optional Sections

1. Post-Termination Restrictions: Reaffirmation or modification of existing restrictive covenants, used when employment contract contains post-termination restrictions

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

3. Outplacement Support: Details of any outplacement services offered, used when this forms part of the settlement package

4. Share Options/Awards: Treatment of existing share options or awards, used when employee has share-based incentives

5. Garden Leave: Terms of any garden leave period, used when employee will be placed on garden leave before termination

6. Internal/External Announcements: Agreed form of announcements, used when parties agree to coordinate communications

7. Ongoing Cooperation: Terms for employee's assistance with handover or future queries, used when needed for business continuity

8. Legal Costs: Agreement regarding payment of legal costs, used when employer will contribute to employee's legal fees

Suggested Schedules

1. Schedule 1 - Payment Schedule: Detailed breakdown of all payments to be made, including timing and tax treatment

2. Schedule 2 - Claims Being Settled: Comprehensive list of statutory and contractual claims being waived

3. Schedule 3 - Certificate of Independent Legal Advice: Form to be completed by employee's legal advisor confirming advice given

4. Schedule 4 - Resignation Letter: Form of resignation letter if required

5. Appendix A - Agreed Reference: Text of agreed employment reference if applicable

6. Appendix B - Announcement Text: Agreed form of internal/external announcements 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 legal definitions
Clauses
Relevant Industries

Financial Services

Technology

Manufacturing

Retail

Healthcare

Professional Services

Education

Construction

Telecommunications

Media

Pharmaceutical

Energy

Transportation

Hospitality

Non-Profit

Public Sector

Agriculture

Mining

Real Estate

Insurance

Relevant Teams

Human Resources

Legal

Finance

Payroll

Compliance

Executive Leadership

People Operations

Employee Relations

Compensation & Benefits

Risk Management

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Managing Director

Senior Manager

Department Head

Project Manager

Software Developer

Sales Representative

Account Manager

Operations Manager

Human Resources Manager

Marketing Manager

Financial Analyst

Research Scientist

Administrative Assistant

Customer Service Representative

Production Supervisor

Regional Director

Vice President

General Counsel

Industries
Unfair Dismissals Acts 1977-2015: Core legislation governing dismissal rights in Ireland, setting out grounds for fair dismissal and employee remedies. Essential for ensuring the settlement agreement properly addresses potential unfair dismissal claims.
Employment Equality Acts 1998-2015: Prohibits discrimination on nine grounds including gender, race, and age. Must be considered to ensure the termination and settlement don't breach equality provisions.
Minimum Notice and Terms of Employment Acts 1973-2005: Establishes minimum notice periods for termination based on length of service. Required for calculating notice period entitlements in the settlement.
Redundancy Payments Acts 1967-2014: If termination is due to redundancy, this legislation governs statutory redundancy payments and procedures.
Protection of Employment Acts 1977-2007: Relevant for collective redundancy situations and consultation requirements.
Taxes Consolidation Act 1997: Governs taxation of termination payments, including exemptions for statutory redundancy payments and the tax treatment of ex-gratia payments.
Civil Law (Miscellaneous Provisions) Act 2008: Contains provisions regarding the enforceability of settlement agreements and waivers of rights.
Organisation of Working Time Act 1997: Relevant for calculating any outstanding holiday pay or accrued leave to be included in the settlement.
Data Protection Acts 1988-2018: Governs handling of employee personal data and any confidentiality provisions in the settlement agreement.
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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