Advising on Settlement Agreements - Update & Best Practice for Employers & HR Professionals

Introduction

This practical webinar will cover common areas which should be covered and negotiated when advising an employee on a settlement agreement.

Delivered by employment expert Kathy Daniels, this webinar will provide junior practitioners with a solid understanding of settlement agreements. It is also an invaluable refresher for more experienced practitioners who regularly advise on such agreements.

What You Will Learn

This webinar will cover the following:

• Checking whether the termination payment is adequate in the circumstances
• Checking whether notice pay, or PILON, has been subject to the correct tax treatment and all post-employment notice pay has been correctly taxed
• Ensuring that payment is going to be reasonably prompt if not contemporaneous with completion. Advising employees on staggered or periodic payment particularly if the employer is having problems with cash flow
• Issues with the use of ‘mutual agreement’ in relation to termination recitals/background
• Ensuring that the definition of ‘additional tax’ and/or the tax indemnity is properly and fairly drafted
• Making correct provision for the employee to challenge any assessment made by HMRC
• Ensuring that certain claims are properly excluded
• Removing any penalty clauses, they are unenforceable under CMC Group v Zhang
• Ensuring that any ongoing obligation to assist the employer is reasonable
• Avoiding any repetition of restrictive covenants or other post-employment restrictions
• Ensuring that protected disclosures (S43 ERA) are expressly excluded
• Advising and re-drafting confidentiality/non disparaging remarks provisions to ensure that these are reciprocal and fair
• Acting fairly and reasonably if included any non-disclosure agreements
• Advising on obtaining a meaningful reference

This webinar was recorded on 7th September 2021