Settlement Agreements

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Date:
Wed 1 Sep to Fri 8 Oct 2021
Location:
At your desk (National)
Venue Address:
At your desk
Event Type:
Webinar
Status:
Spaces Available

Fees

  • £150 + VAT

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)
  • Please note only one discount will be applied per booking.

This course is at introductory level, aimed at employment lawyers in their first couple of years of practice. It 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.

Each session of this course will be available as an on-demand recording from 1st September with the speakers joining us for a live Q&A from 12pm to 1pm on 23rd September 2021. The on-demand recordings will be available to view until 8 October 2021.

On booking, you will be sent an email from ELA with your invoice, this confirms your place on the course. A full confirmation email containing your links to the webinar and supporting materials will be sent on 31st August 2021.

Programme

Introduction to Settlement Agreements
Michelle Landy, Slater and Gordon UK

  • 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
Miriam Bruce, Mayer Brown International LLP

  • The £30,000 exemption: what is it and when does it apply?
    The tax treatment of different termination payments, including unfair dismissal or discrimination compensation and personal injury payments.
    Payments in Lieu of Notice (PILONs) and Post Employment Notice Pay (PENP): a guide to understanding these concepts and how they operate in practice.
  • National Insurance and termination payments: how is National Insurance dealt with for both Employer and Employee 
    Tax indemnities: drafting considerations
    Structuring the deal: the tax implications of staggering payments and a gap between signing and completion.
  • Other issues: legal costs, restrictive covenants, retirement issues and consultancy agreements

Settlement agreements: drafting issues from the perspective of both employer and employee
Eleanor Rowswell and Hannah Taylor, Farrer & Co LLP

  • 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