Employment Rights Act 1996: Primary legislation covering basic employment rights, statutory redundancy pay provisions, and unfair dismissal protections. Forms the foundation for employment termination processes.
Equality Act 2010: Comprehensive anti-discrimination legislation ensuring protection against various forms of discrimination and equal pay provisions. Must be considered to ensure the separation agreement doesn't inadvertently discriminate.
Age Discrimination Act 2006: Specific legislation protecting against age-related discrimination, particularly relevant for redundancy calculations and terms.
Trade Union and Labour Relations (Consolidation) Act 1992: Governs collective consultation requirements and trade union rights in the context of employment termination and redundancy situations.
Companies Act 2006: Relevant when the employee held directorship positions, covering director's duties and responsibilities during separation.
Data Protection Act 2018 and UK GDPR: Legislation governing the handling of personal data and privacy provisions during the separation process and in agreement terms.
Pensions Act 2004: Covers the protection of pension rights and transfer of pension provisions during employment separation.
Independent Legal Advice Requirement: Regulatory requirement that the employee must receive independent legal advice for the agreement to be valid.
Written Agreement Requirement: Regulatory requirement that the separation agreement must be in writing and specify the particular complaints being settled.
Legal Adviser Insurance Requirement: Regulatory requirement that the legal adviser must be identified and have professional insurance coverage.
