The below contains some sample clauses from our settlement agreement template.
3. Gardening Leave
3.1 The Employer reserves the right to require you upon request not to attend the usual place of work, or any other relevant premises, and/or not to undertake all or certain of your duties of employment from time to time until the Termination Date, without prejudice to all other terms and conditions of this Agreement.
6. Restrictions and Obligations
6.1 For a period of [number e.g. 6] months following the Effective Date, you shall not:
(a) solicit or attempt to solicit business from any person or entity who shall have been a client or customer or potential customer of the Employer or an Associated Entity during the [number e.g. 12] months preceding the Termination Date;
(b) persuade or attempt to persuade any person to cease to provide services to, or leave the employment of, the Employer or an Associated Entity; or
(c) employ or attempt to employ the services of any person who was an employee or consultant of the Employer or an Associated Entity during the [number e.g. 6] months preceding the Termination Date.
6.2 The Parties agree to keep strictly secret and confidential, and under no circumstances to disclose to any third party, any terms of this Agreement.
6.3 Notwithstanding Clause 6.2, the confidentiality obligation shall not apply to:
(a) any terms which become generally known to the public, other than by reason of the Parties’ own wilful or negligent act or omission;
(b) any terms which are required to be disclosed pursuant to any applicable laws or to any competent governmental or statutory authority or pursuant to rules or regulations of any relevant regulatory, administrative or supervisory body;
(c) any terms disclosed confidentially by either Party to their own professional legal or financial adviser; or
(d) and terms disclosed confidentially by you to any immediate family member.
6.4 You agree not to make any statements at any time, whether written or orally, about the Employer or concerning your employment with the Employer, which are negative or derogatory, or which might be detrimental to the interests of the Employer or an Associated Entity, or the customers, suppliers, or employees of the same.
6.5 Upon the Termination Date, you shall:
(a) return all Employer property in your possession including without limitation data, confidential information and any other intellectual property, mobile communications and computer equipment, keys and access materials, and any other physical property, and you agree not to make or retain copies of the same;
(b) execute and do and take all such steps as may be necessary to facilitate your absolute and complete removal from the Employer, including without limitation statutory filings, notification to the relevant stakeholders, and modification of access rights or privileges in respect of any Employer property, system or account; and
(c) not at any time thereafter represent yourself as being in any way employed, connected with or having an interest in the Employer.
8. Full and Final Settlement
8.1 This Agreement is made, without any admission of liability on the part of the Employer, in full and final settlement of any and all claims, complaints or proceedings whether contractual, statutory or otherwise and whether contemplated or not which you have or may have or have brought or may bring under English and/or European Union law against the Employer or its respective shareholders, officers or employees arising out of or in connection with your employment or its termination, including but not limited to the claims identified in clause 8.2 below, or any claim for personal injury or under Relevant Legislation.
8.2 The particular complaints that you may have and which the Parties wish to settle by way of this Agreement relate to:
(a) any claim for unfair dismissal under the Employment Rights Act 1996;
(b) any claim for a redundancy payment under the Employment Rights Act 1996 or otherwise;
(c) any claim for unauthorised deductions or payments from wages under the Employment Rights Act 1996;
(d) any claim for failure to inform and consult under the Transfer of Undertakings (Protection of Employment) Regulations 2006 or in consequence of those regulations;
(e) any claim for a guarantee payment under the Employment Rights Act 1996;
(f) any claim relating to a written statement of particulars of employment or of reasons for dismissal under the Employment Rights Act 1996;
(g) any claim for failure to comply with obligations under the Data Protection Act 1998;
(h) any claim for direct discrimination, combined discrimination, indirect discrimination, harassment and/or victimisation in relation to any of the protected characteristics of age, disability, gender reassignment, marriage and civil partnership, race, religion or belief, sex and/or sexual orientation under the Equality Act 2010;
(i) any claim for failure to comply with the duty to make reasonable adjustments under the Equality Act 2010;
(j) any claim relating to breach of an equality clause or rule under the Equality Act 2010;
(k) any claim for breach of contract;
(l) any stress-related claims and/or any claims relating to depression; and
(m) any claim for distress, anxiety or financial loss caused by harassment under the Protection from Harassment Act 1997.
8.3 You confirm that you are not aware of any circumstances which would give rise to any personal injury claim and that you have no such claim pending at the Effective Date.
8.4 You agree to refrain from instituting any claim against the Employer or its respective shareholders, officers or employees before an employment tribunal in respect of any claim under the provisions set out in clause 8.2 above.
The ‘sample settlement agreement’ on this page provides a sample from our downloadable template. The full settlement agreement template on which this sample is based can be downloaded instantly.
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