The Conciliation Settlement Agreement serves as a crucial document in English and Welsh employment law for resolving workplace disputes without the need for tribunal proceedings. This agreement is typically used when parties wish to settle employment-related claims through ACAS conciliation, offering a faster and more cost-effective alternative to litigation. The document captures all settlement terms, including financial arrangements, confidentiality obligations, and any ongoing commitments, while ensuring compliance with statutory requirements for such settlements.
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1. Parties: Identification of all parties to the agreement including employee, employer and any relevant third parties
2. Background: Context of the dispute and reason for conciliation, including relevant employment dates and circumstances
3. Definitions: Key terms used throughout the agreement including defined terms for Claims, Settlement Sum, and Termination Date
4. Settlement Terms: Core terms of the settlement including payment amounts, timing, and method of payment
5. Claims Being Settled: Specific identification of claims being waived and confirmation of full and final settlement
6. Confidentiality: Terms regarding confidentiality of the settlement terms and exceptions to confidentiality
7. Legal Advice: Confirmation of independent legal advice received and adviser details
8. Taxation: Treatment of payments for tax purposes and tax indemnities
1. Reference Provision: Terms regarding future employment references and agreed format
2. Non-Disparagement: Mutual obligations not to make negative statements about the other party
3. Post-Settlement Obligations: Ongoing obligations after settlement including confidentiality and intellectual property
4. Return of Property: Terms for returning company property and confirmation of compliance
1. Schedule of Claims: Detailed list of all claims being settled under relevant legislation
2. Payment Schedule: Breakdown of settlement payments, timing and tax treatment
3. Legal Adviser's Certificate: Confirmation of independent legal advice including adviser details and insurance
4. Agreed Reference: Format and content of agreed employment reference if applicable
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