Settlement Agreements

If you would like to book a place, please log in.
Date:
Tue, 29th Sep 2020
City:
London (National)
Venue Address:
BMA House, Tavistock Square, Bloomsbury, London WC1H 9JP
Speaker(s):
To be confirmed
Event Type:
Introductory
Duration:
1.15pm to 5.30pm
CPD hours:
3
Status:
Spaces Available
Settlement Agreements
View Larger Map

Discounts

We also offer the following discounts on the full fee:

  • 50% discount for members in the voluntary or not-for-profit sector (with no booking deadline)
  • 50% discount for pupil barristers or barristers less than 2 years call (with no booking deadline)
  • 30% out of region discount (with no booking deadline)
  • Please note only one discount will be applied per booking.

Tuesday 29 September 2020

Fee: £150 + VAT.

There is a 20% early bird discount until 31 January 2020

We also offer  the following discounts on the full fee:

  • 30% out-of-region discount
  • 50% discount to members working in the voluntary sector and to pupil barristers and barristers with less than 2 year’s call 
  • there is no deadline to take up these discounts

This half day introductory level course aims to give members a comprehensive knowledge of the settlement agreement regime including the tax, drafting and ethical implications, whether you are acting for the employer or employee.

This page will be updated as speakers are confirmed

Programme

 Introduction

  • Background
  • Statutory requirements for valid settlement agreements (including proposals in relation to confidentiality agreements)
  • The purpose of settlement agreements
  • The scope of the settlement
  • Settlement agreements vs. COT3s
  • Definition of adviser
  • The solicitor’s certificate
  • ‘Without prejudice’ discussions and protected conversations
  • Acas Code of Practice on settlement agreements 
  • Group settlement agreements
  • Proposed caps on public sector termination payments
  • Dual settlement agreements
  • Challenging the validity of an agreement/ breach of settlement agreement

 Settlement Agreements: tax and other issues

  • The £30,000 exemption: termination and variation to terms and conditions
  • Tax on contractual and non-contractual PILONs – the new regime
  • Extension of employer NICs from April 2020
  • Payments for fresh restrictive covenants
  • Retirement issues and pension schemes
  • Post-termination consultancy arrangements
  • Payments for legal costs
  • Drafting a tax indemnity
  • Tax treatment of compensation for unfair dismissal, discrimination and the exemption for injury/ disability
  • Staggering payments of compensation and the 0T tax code
  • Tax implications of gap between signing and completion

Settlement agreements: drafting issues from the perspective of both employer and employee

  • Confidentiality/ non disclosure agreements and the relevant regulatory and ethical considerations for advisers
  • Clawback provisions
  • Warranties on new employment
  • Warranties concerning pre-dismissal conduct
  • Post-employment restrictions
  • Compromising future claims, PI claims etc
  • Apology
  • Reference (including in the financial services context)
  • Internal/external announcements
  • Outstanding bonus payments
  • Extending coverage of employee benefits
  • Returning (or allowing employee to keep) company property
  • Share option issues (deeming employee to be a good leaver)
  • Outplacement counselling
  • Non-disparagement clauses
  • Payment of legal costs

Other introductory courses

Discrimination: the law and strategy - 24/25 March 2020 - London
TUPE: The Law and Practice - 17/18 June 2020 - London
Introduction to Employment Law - 5/6 November 2020 - Birmingham