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End Of Service Agreement Template for England and Wales

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Key Requirements PROMPT example:

End Of Service Agreement

"Need an End of Service Agreement for a senior software developer leaving the company on March 15, 2025, including garden leave provisions and specific clauses about ongoing projects and intellectual property rights."

Document background
An End of Service Agreement is commonly used in England and Wales when employment is terminated by mutual agreement or as part of a negotiated exit. The document protects both employer and employee interests by clearly defining the terms of separation, including financial settlements, continuing obligations, and waiver of claims. It is particularly important for senior positions or situations involving sensitive information or potential disputes. The agreement must comply with UK employment law requirements and typically requires independent legal advice for the employee to be valid.
Suggested Sections

1. Parties: Identification of the employer and employee entering into the agreement

2. Background: Brief context of employment relationship and reason for termination

3. Definitions: Key terms used throughout the agreement

4. Termination Date: Specific date employment ends and final working day if different

5. Payment Provisions: Details of final salary, benefits, and any termination payments

6. Tax Treatment: Tax implications of payments and who bears responsibility

7. Waiver of Claims: Employee's waiver of employment-related claims

8. Continuing Obligations: Ongoing duties including confidentiality and intellectual property

Optional Sections

1. Garden Leave: Terms of garden leave if applicable during notice period

2. Post-termination Restrictions: Non-compete and non-solicitation provisions for senior employees or those with access to sensitive information

3. Reference: Terms of employment reference to be provided when agreed as part of settlement

4. Company Property: Return of company assets and equipment when employee has company property in possession

5. Share Options: Treatment of existing share options or awards when employee participates in share schemes

Suggested Schedules

1. Schedule of Claims: Comprehensive list of potential claims being waived

2. Adviser's Certificate: Independent legal adviser's confirmation of advice given

3. Payment Schedule: Detailed breakdown of all payments to be made

4. Reference Template: Agreed form of reference if applicable

5. Post-termination Restrictions: Detailed restrictions from employment contract being preserved

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions


























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Relevant Industries
Relevant Teams
Relevant Roles
Industries

Employment Rights Act 1996: Primary legislation governing employment rights, including statutory requirements for termination of employment and provisions for settlement agreements (particularly Section 203)

Equality Act 2010: Legislation protecting against discrimination based on protected characteristics during the termination process and ensuring fair treatment in end of service arrangements

Income Tax (Earnings and Pensions) Act 2003: Governs the taxation of termination payments and treatment of various end of service benefits

Trade Secrets Regulations 2018: Regulations protecting company trade secrets and confidential information post-employment

Data Protection Act 2018: Legislation governing the handling of personal data during and after employment, including retention and processing requirements

UK GDPR: Comprehensive data protection regulations affecting how employee data should be handled post-employment

Pensions Act 2004: Legislation governing pension rights and obligations upon termination of employment

ACAS Code of Practice: Guidelines on settlement agreements and proper procedures for ending employment relationships

Common Law Contract Principles: Fundamental legal principles governing contract formation, interpretation, and enforcement in employment context

Companies Act 2006: Relevant for director duties and corporate governance aspects of end of service arrangements

Finance Act: Current finance legislation affecting taxation of termination payments and benefits

Income Tax Act 2007: Legislation governing income tax treatment of end of service payments and benefits

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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