Settlement Agreements

This event is in the past
Wed, 30 Oct 2019
London (National)
Venue Address:
RCOG, 27 Sussex Place, Marylebone, London NW1 4RG
Deborah Casale, Slater and Gordon UK Limited and Miriam Bruce, Mayer Brown International LLP
Event Type:
1.15pm to 5.30pm
CPD hours:
Spaces Available
Settlement Agreements
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A half day introductory level course organised by the Employment Lawyers Association

Cost: £150 + VAT. There is a 30% out of region discount and 50% for the voluntary sector and to pupil barristers and barristers with less than 2 years' call 

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.


Chair: Shefali Lamba, Freshfields Bruckhaus Deringer LLP and member of the ELA Junior Steering Group 

1.15pm Registration and tea/coffee

1.45pm Introduction
Deborah Casale, Slater and Gordon UK Limited 

  • 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

2.45pm 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

3.40pm Tea and Coffee

4.00pm Settlement agreements: drafting issues from the perspective of both employer and employee
Rachel Hearn, Charles Russell Speechlys 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

5.30pm  Close of Course