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Voluntary Severance Agreement Template for England and Wales

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Key Requirements PROMPT example:

Voluntary Severance Agreement

"I need a Voluntary Severance Agreement for a senior software developer who is leaving amicably on March 1, 2025, with a £50,000 settlement payment and continued health benefits for 6 months; we also need to include strong IP protection clauses."

Document background
A Voluntary Severance Agreement is used when both employer and employee agree to end the employment relationship on mutually agreed terms. This document, governed by English and Welsh law, provides legal protection for both parties by clearly outlining separation terms, including financial compensation, continuation of benefits, confidentiality obligations, and waiver of potential claims. It's particularly useful during corporate restructuring, redundancy situations, or when seeking an amicable separation. The agreement must comply with UK employment legislation and requires independent legal advice to be valid.
Suggested Sections

1. Parties: Identification of employer and employee

2. Background: Context of employment and reason for severance

3. Definitions: Key terms used throughout the agreement

4. Termination Date: Specified date of employment termination

5. Severance Payment: Amount and terms of payment

6. Tax Treatment: Tax implications and responsibilities

7. Waiver of Claims: Employee's waiver of legal claims against employer

8. Confidentiality: Obligations regarding confidential information

9. Legal Advice: Confirmation of independent legal advice

Optional Sections

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

2. Post-termination Restrictions: Non-compete and other restrictive covenants to protect business interests

3. Reference: Terms of agreed employment reference

4. Company Property: Provisions for return of company assets and equipment

5. Outplacement Support: Terms of career transition assistance if offered

Suggested Schedules

1. Schedule 1: Payment Calculation: Detailed breakdown of severance payment including statutory and ex-gratia elements

2. Schedule 2: Claims Being Settled: Comprehensive list of statutory and contractual claims being waived

3. Schedule 3: Adviser's Certificate: Independent legal adviser's confirmation of advice given

4. Appendix 1: Agreed Reference: Template of agreed employment reference

5. Appendix 2: Post-termination Restrictions: Detailed terms of continuing obligations and restrictive covenants

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

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Industries

Employment Rights Act 1996: Primary legislation covering basic employment rights, statutory notice periods, unfair dismissal provisions, and redundancy payments. Section 203 specifically deals with requirements for valid waiver of statutory employment rights.

Equality Act 2010: Legislation ensuring protection against discrimination and that severance terms are not discriminatory based on protected characteristics. Section 147 specifically covers requirements for valid settlement of discrimination claims.

Age Discrimination Regulations: Component of Equality Act 2010 providing specific considerations for age-related severance packages and protection against age discrimination.

Employment Tribunals Act 1996: Legislation establishing jurisdiction for employment disputes and requirements for valid settlement of tribunal claims.

Income Tax (Earnings and Pensions) Act 2003: Tax legislation governing the treatment of severance payments, including the £30,000 tax-free threshold for genuine redundancy payments.

ACAS Code of Practice on Settlement Agreements: Best practice guidance and procedural requirements for settlement agreements, providing framework for negotiation and implementation.

General Data Protection Regulation (GDPR) and Data Protection Act 2018: Legislative framework for handling personal data and ensuring data privacy in the context of employment relationships and severance agreements.

Pensions Act 2004: Legislation governing the treatment of pension rights and implications for pension benefits in severance situations.

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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