Settlement Agreements

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Thu, 28 Sep 2017
London (National)
Venue Address:
Royal College of Obstetricians and Gynaecologists
27 Sussex Place,
Regent's Park,
London NW1 4RG
Deborah Casale, Slater and Gordon (UK) LLP; Miriam Bruce, Mayer Brown International LLP and Beth Hale, Stephenson Harwood LLP
Event Type:
1.15pm registration for a 1.45pm start until 5.00pm
CPD hours:
Spaces Available

Venue map

A half day introductory level course

Cost: £140 + VAT.
There is a 50% voluntary sector discount or a 30% out-of-region discount on the full fee, with no booking deadline.

This half day introductory level course aims to give members a comprehensive knowledge of the settlement agreement regime including the ACAS Code of Practice on Settlement Agreements and the ACAS Guidance.


Chair: Emma Naughton, Dentons UKMEA LLP and member of the ELA Training Committee

Registration and tea/coffee

Deborah Casale, Slater and Gordon (UK) LLP

  • Background
  • Statutory requirements for valid settlement agreements
  • The purpose of settlement agreements
  • The scope of the settlement
  • Settlement agreements vs. COT3s
  • Definition of adviser
  • The solicitor’s certificate
  • The status of ‘without prejudice’ discussions about termination settlements in the public sector: the ultra vires risk
  • Group settlement agreements
  • Pre-termination negotiations
  • Acas Code of Practice on settlement agreements 

Settlement Agreements: tax and other issues
Miriam Bruce, Mayer Brown International LLP

  • The £30,000 exemption: termination and variation to terms and conditions
  • PILON vs. damages for breach of contract and proposed changes in 2018
  • 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
  • Settlement agreements entered into before a TUPE transfer
  • Settlement agreements entered into after a TUPE transfer
  • Staggering payments of compensation and the 0T tax code

Tea and Coffee

Settlement agreements: drafting issues from the perspective of both employer and employee
Beth Hale, Stephenson Harwood LLP

  • Confidentiality
  • 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

Close of Course