Settlement Agreements

This event is in the past
Tue, 29th Sep 2020
At your desk (National)
See full programme
Event Type:
12.20pm to 5.30pm
CPD hours:
Spaces Available


  • £150 + VAT


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.

Tuesday 29 September 2020

We are moving this half day course online. It will be broadcast at the times shown below. The speakers will join us live at 4.30pm-5.30pm for a Q&A session, so make a note of your questions during the course of each session. We have built in regular breaks to the programme. You can use the breaks to get some refreshments, stretch your legs, check your email - whatever you prefer!

The 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.

On booking, you will be sent a confirmation email from ELA with your invoice, and a further confirmation email containing your links to the webinar.

There will be no recording available of this course, so make sure to book the times below in your diary. You will be sent the hand outs and slides by email before the course, and you will have access to these materials after the course.


12.20pm: Course Introduction from David Hunt, Farrer & Co LLP and member of ELA Training Committee

12.30pm to 1.15pm: Introduction to Settlement Agreements
Deborah Casale, 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

1.15pm to 1.30pm: Break

1.30pm to 2.15pm: Settlement Agreements: tax and other issues
Miriam Bruce, Mayer Brown International LLP

  • 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

2.15pm to 2.30pm: Break

2.30pm to 4.15pm: Settlement agreements: drafting issues from the perspective of both employer and employee
Eleanor Rowswell and Alice Yandle,  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

There will be a 15 minute comfort break during the above session - time to be confirmed.

4.15pm to 4.30pm: Break

4.30pm to 5.30pm: Panel Q&A Session

All the  speakers will join the live Q&A session, chaired by David Hunt. You can text in your questions using the Q&A function.