Employment Rights Act 1996: Primary legislation covering basic employment rights, statutory payments, and unfair dismissal provisions. Essential for understanding employee entitlements and protections during termination.
Equality Act 2010: Comprehensive legislation protecting against discrimination, covering protected characteristics and equal pay provisions. Critical for ensuring the deed of release doesn't violate anti-discrimination laws.
Employment Tribunals Act 1996: Governs the jurisdiction of employment tribunals and settlement of employment disputes. Important for understanding the framework of dispute resolution.
Trade Union and Labour Relations (Consolidation) Act 1992: Covers collective agreements and trade union rights. Relevant when dealing with unionized employees or collective agreements.
Contracts of Employment Act: Addresses terms and conditions of employment and contractual obligations. Fundamental for understanding the contractual aspects of the employment relationship being terminated.
Data Protection Act 2018 and UK GDPR: Regulates the handling of personal data and privacy rights. Essential for ensuring compliant handling of employee data during and after termination.
Limitation Act 1980: Sets out time limits for bringing claims and statutory limitation periods. Important for defining waiver periods and claim limitations in the deed.
Companies Act 2006: Covers corporate aspects and director duties if applicable. Relevant when the employee holds director positions or has corporate responsibilities.
Pensions Act 2004: Addresses pension rights and obligations. Critical for ensuring proper handling of pension-related matters in the settlement.
Working Time Regulations 1998: Covers holiday pay and working hours considerations. Important for calculating final payments and addressing accrued holiday entitlements.
ACAS Code of Practice: Provides practical guidance on handling employment disputes and settlements. Essential reference for ensuring procedural fairness.
Common Law Principles: Established case law regarding settlement agreements and employment relationships. Provides important context and precedent for deed terms.
Income Tax Act 2007: Governs taxation of settlement payments and other compensatory amounts. Critical for ensuring proper tax treatment of settlement elements.
National Insurance Contributions Legislation: Regulates NIC implications of settlement payments. Important for determining correct treatment of various payment components.
