Work Separation Agreement Template for Ireland

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Key Requirements PROMPT example:

Work Separation Agreement

"I need a Work Separation Agreement under Irish law for a senior technology executive who will be leaving due to redundancy on March 1, 2025, including garden leave provisions and special clauses for protection of intellectual property and share options."

Document background
The Work Separation Agreement is a crucial document used in Irish employment contexts when formally ending an employment relationship, whether through mutual agreement, redundancy, or other circumstances. It serves to protect both employer and employee interests by clearly documenting the terms of separation, including financial settlements, confidentiality requirements, and post-employment obligations. The agreement must comply with Irish employment law, including the Unfair Dismissals Acts, Redundancy Payments Acts, and relevant tax legislation. It typically includes provisions for payment calculations, treatment of benefits, return of company property, and ongoing obligations. This document is particularly important in situations where the employment termination involves senior employees, complex compensation arrangements, or potential legal risks that need to be carefully managed.
Suggested Sections

1. Parties: Identifies and defines the employer and employee entering into the agreement

2. Background: Sets out the context of the employment relationship and the circumstances leading to separation

3. Definitions: Defines key terms used throughout the agreement

4. Termination Date: Specifies the official end date of employment and final working day

5. Payment Provisions: Details all payments to be made, including final salary, notice pay, and any ex-gratia payments

6. Tax Treatment: Addresses the tax implications of all payments and specifies which portions are subject to tax

7. Company Property: Requirements for returning company property and documents

8. Confidentiality: Ongoing obligations regarding confidential information

9. Full and Final Settlement: Confirms that the agreement represents a full and final settlement of all claims

10. Employee Warranties: Employee confirmations regarding return of property, confidential information, and other obligations

11. Reference: Terms regarding the provision of employment references

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

13. Execution: Signature blocks and execution provisions

Optional Sections

1. Garden Leave: Include when the employee is to remain employed but not attend work during notice period

2. Post-termination Restrictions: Include when enforcing non-compete or non-solicitation provisions

3. Outplacement Support: Include when the employer is providing career transition services

4. Legal Costs: Include when the employer is contributing to the employee's legal costs for reviewing the agreement

5. Share Options/Awards: Include when addressing the treatment of existing share options or awards

6. Continuing Obligations: Include when specific ongoing duties or obligations exist beyond standard confidentiality

7. Announcement: Include when parties agree on specific internal/external communications about the departure

8. Independent Legal Advice: Include when specifically requiring the employee to obtain independent legal advice

Suggested Schedules

1. Schedule 1 - Payment Calculations: Detailed breakdown of all payment components including salary, benefits, and statutory entitlements

2. Schedule 2 - Company Property List: Itemized list of company property to be returned

3. Schedule 3 - Post-termination Restrictions: Detailed terms of any continuing restrictions on employee activities

4. Appendix A - Form of Reference: Agreed form of employment reference

5. Appendix B - Resignation Letter: Template or actual resignation letter if required

6. Appendix C - Certificate of Independent Legal Advice: Form for legal advisor to confirm independent advice given

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

Clauses
Relevant Industries

Financial Services

Technology

Manufacturing

Professional Services

Retail

Healthcare

Education

Construction

Telecommunications

Energy

Media and Entertainment

Pharmaceuticals

Transportation and Logistics

Real Estate

Hospitality

Relevant Teams

Human Resources

Legal

Finance

Executive Leadership

Compliance

Corporate Governance

Employee Relations

Talent Management

Compensation and Benefits

Risk Management

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Senior Manager

Department Head

Director

Vice President

General Manager

Regional Manager

Project Manager

Senior Professional

Technical Lead

Sales Manager

Account Manager

Operations Manager

Research Director

Development Manager

Principal Consultant

Industries
Unfair Dismissals Acts 1977-2015: Sets out the framework for fair dismissal procedures and employee rights regarding termination of employment. Crucial for ensuring the separation agreement complies with fair dismissal requirements.
Minimum Notice and Terms of Employment Acts 1973-2005: Specifies minimum notice periods employers must give employees based on length of service. Essential for calculating notice periods or payment in lieu of notice.
Redundancy Payments Acts 1967-2014: Governs statutory redundancy payments if the separation is due to redundancy. Sets out calculation methods for redundancy payments.
Employment Equality Acts 1998-2015: Ensures the separation agreement doesn't discriminate based on protected characteristics and maintains equality provisions.
Protection of Employment Acts 1977-2007: Relevant for collective redundancies and consultation requirements if the separation is part of a larger restructuring.
Organisation of Working Time Act 1997: Relevant for calculating any outstanding annual leave payments or time off in lieu that needs to be included in the settlement.
General Data Protection Regulation (GDPR) and Data Protection Act 2018: Governs the handling of employee personal data during and after the separation process.
Industrial Relations Acts 1946-2015: Provides framework for dispute resolution and may be relevant if the separation agreement is part of a dispute settlement.
Taxes Consolidation Act 1997: Relevant for tax treatment of termination payments and ensuring proper tax provisions are included in the 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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