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Settlement Agreements

Settlement Agreements

Speaker(s):

Deborah Casale, Irwin Mitchell LLP
Miriam Bruce, Mayer Brown International LLP
Eleanor Rowswell and Hannah Taylor, Farrer & Co LLP

CPD hours:
3.5
Delivery:
Half-Day
Cost:
Fees Apply
Experience level:
General
Delivery method:
Hybrid
Committee:
Training
Date:
Mon, 26th Sep 2022
Time:
13:00 - 17:15
Please login to book a place

Fees

  • In-Person Attendance: £150 + VAT
  • Virtual Attendance: £150 + VAT

Discounts

We also offer the following discounts on the full fee:

  • There is an early bird discount 15 July 2022
  • 50% discount for voluntary sector organisations
  • 50% pupil barristers/barristers under 2 years call
  • Please note only one discount will be applied per booking.

Time: 13:00 - 17:15 (UK Time)

How to access the course
You can attend the day in-person at BMA House in London or Virtually via Microsoft Teams.
This course is not available on-demand.
 

Programme

13:00 –13:15 Registration and Refreshments

13:15 – 14:15 Introduction to Settlement Agreements
Deborah Casale, Irwin Mitchell LLP

  • 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
  • Reaffirmations
  • Challenging the validity of an agreement/ breach of settlement agreement

14:15 – 14:30 Refreshment Break

14:30 – 15:30 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

15:30 – 15:45 Refreshment Break

15:45 – 17:15 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