A transaction agreement is essentially a way for you and your employer to “separate” you on certain agreed terms. Depending on the terms, you waive your right (or waive your right to assert your rights against your employer). Settlement agreements can also be used to terminate your employment relationship and to settle an ongoing right that you assert in a court or labour court. It doesn`t matter that most of the claims listed do not apply to you. The important point you need to understand is that after signing the agreement, you cannot assert claims against your employer. Confidentiality clauses are common in transaction agreements. They usually mean that the parties promise not to make harmful statements about each other. This would prevent you from making harmful comments about your employer in the press or on social media, even if you are telling the truth. It could also prevent you from reporting misconduct as a whistleblower. Your lawyer should explain the effects carefully.
Even if the parties have agreed that your settlement is not taxable, it is customary for employers to require “tax compensation” as part of the settlement agreement. In other words, if HMRC decides that a tax is due, you are responsible for it. The allowance generally states that you must reimburse your employer for all taxes required by HMRC from your employer. The indication of a “reason to leave” in a transaction agreement usually does not matter. However, if both parties are bound by confidentiality, it may be helpful to agree on what you are going to tell your friends/colleagues and potential future employers about the reasons for your departure. Frequent reasons are “dismissal” and “mutual agreement”, but some agreements do not mention the reason for the withdrawal at all. It`s important to determine what your employer is going to tell potential future employers about your job and why you left – for example, by agreeing on the wording used in each reference they provide. A settlement agreement may include a commitment from your employer to provide a reference about you if they are asked to do so. .