Employment Rights Act 1996: Primary legislation covering statutory rights for termination, notice periods, continuous service calculations, and basic award calculations. Section 203 specifically deals with requirements for valid waiver of statutory claims and the need for independent legal advice.
Equality Act 2010: Ensures protection against discriminatory practices in severance agreements, including considerations for protected characteristics and age discrimination in severance packages.
Companies Act 2006: Governs directors' duties and corporate authority requirements if the employee holds a director position.
Income Tax (Earnings and Pensions) Act 2003: Regulates tax treatment of termination payments, including the £30,000 tax-free threshold for genuine redundancy payments and taxation of post-employment benefits.
ACAS Code of Practice: Provides guidance on following fair procedures and consideration of alternative solutions in employment termination situations.
GDPR and Data Protection Act 2018: Governs the handling of personal data during and after employment, including ongoing data protection obligations post-termination.
Employment Relations Act 1999: Establishes the right to be accompanied and sets out procedural requirements for employment-related meetings.
Working Time Regulations 1998: Covers calculations for holiday pay and treatment of accrued but untaken holiday during termination.
Pensions Act 2004: Addresses the treatment of pension rights and auto-enrollment implications in severance situations.
