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Separation And Release Agreement Template for Ireland

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Key Requirements PROMPT example:

Separation And Release Agreement

"I need a Separation and Release Agreement for a senior executive who holds share options and will be leaving the company due to redundancy on March 1, 2025, with a 6-month non-compete clause and continued health insurance coverage for 3 months post-termination."

Document background
The Separation and Release Agreement is a crucial document used in Ireland when formally terminating an employment relationship through mutual agreement. It serves as a comprehensive settlement document that protects both employer and employee interests while ensuring compliance with Irish employment law. This agreement is typically used in situations involving senior executives, redundancies, or mutual separations where parties wish to achieve a clean break and prevent future disputes. The document addresses key aspects such as financial settlements, benefits, confidentiality, non-compete provisions, and mutual releases of claims. It must comply with Irish statutory requirements, including those under the Unfair Dismissals Acts, Employment Equality Acts, and relevant EU regulations. The agreement is particularly important as it provides certainty and finality to both parties while managing legal risks associated with employment termination.
Suggested Sections

1. Parties: Identifies the employer and employee who are parties to the agreement

2. Background: Recitals explaining the context of the employment relationship and reason for separation

3. Definitions: Defines key terms used throughout the agreement

4. Termination Date: Specifies the official end date of employment and final working day

5. Separation Payments: Details of all payments to be made, including final salary, severance, and benefits

6. Tax Treatment: Explains the tax implications of payments and responsibilities of each party

7. Company Property: Requirements for return of company property and documentation

8. Confidentiality Obligations: Ongoing obligations regarding confidential information

9. Employee Release: Employee's release of claims against the employer

10. Company Release: Company's release of claims against the employee

11. Reference and Announcements: Agreed approach to employment references and communication of departure

12. Post-Termination Restrictions: Confirmation of continuing restrictive covenants from employment contract

13. Legal Advice: Confirmation that employee had opportunity to obtain independent legal advice

14. Entire Agreement: Clause confirming this agreement supersedes previous agreements regarding the subject matter

15. Governing Law: Specifies Irish law as governing law and Irish courts' jurisdiction

Optional Sections

1. Director Resignations: Required if employee holds director positions - includes resignation from all directorships

2. Share Treatment: Required if employee holds company shares or share options

3. Intellectual Property: Required if employee created IP during employment that needs specific handling

4. Garden Leave: Include if employee will be placed on garden leave before termination date

5. Outplacement Support: Include if company is providing career transition services

6. Medical Insurance: Include if continued medical coverage is being provided post-termination

7. Legal Costs: Include if company is contributing to employee's legal costs in reviewing agreement

8. Pension Arrangements: Required if specific pension-related provisions need to be addressed

9. Company Car: Include if employee has a company car requiring return or purchase arrangements

10. Ongoing Cooperation: Include if employee's assistance may be needed for specific matters post-termination

Suggested Schedules

1. Schedule 1 - Payment Details: Detailed breakdown of all payments and benefits

2. Schedule 2 - Company Property: List of all company property to be returned

3. Schedule 3 - Post-Termination Restrictions: Full text of continuing restrictive covenants

4. Schedule 4 - Director Resignations: Forms of resignation from directorships

5. Schedule 5 - Claims Released: Comprehensive list of statutory and contractual claims being waived

6. Appendix A - Reference Letter: Agreed form of reference letter

7. Appendix B - Announcement: Agreed internal and external announcements regarding departure

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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Relevant Industries

Technology

Financial Services

Manufacturing

Retail

Healthcare

Professional Services

Construction

Education

Telecommunications

Media and Entertainment

Pharmaceuticals

Energy

Transportation

Hospitality

Real Estate

Relevant Teams

Human Resources

Legal

Finance

Operations

Sales

Marketing

Information Technology

Research and Development

Customer Service

Administration

Executive Leadership

Product Development

Business Development

Corporate Communications

Compliance

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Managing Director

Department Head

Senior Manager

Executive Director

Vice President

General Manager

Regional Manager

Sales Director

Technical Director

Human Resources Director

Operations Manager

Project Manager

Senior Engineer

Financial Controller

Department Manager

Team Leader

Senior Consultant

Account Director

Industries










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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