SETTLEMENT AGREEMENT — ELEVEN-POINT CHECKLIST ======================================================================== Full explanation: yourworkrights.uk/settlement-agreements.html [ ] 1. Termination payment split correctly: ex-gratia (tax-free up to £30,000, s.403 ITEPA 2003) vs notice pay (always taxable, PENP). [ ] 2. Salary, accrued holiday, pension and benefits to termination date. [ ] 3. Agreed reference annexed + oral references must match it. [ ] 4. Internal/external announcement wording agreed. [ ] 5. Confidentiality clause contains carve-outs: whistleblowing (s.43J ERA), police, regulators, professional advisers. [ ] 6. Non-disparagement clause is mutual. [ ] 7. Restrictive covenants reviewed — waiver/narrowing negotiated if you plan to join a competitor. [ ] 8. Waiver list checked — carve out latent personal injury and accrued pension rights. [ ] 9. Outplacement support and increased legal-fee contribution asked for (both cheap for the employer). [ ] 10. Payment date fixed (e.g. "within 14 days of the termination date"), not "as soon as practicable". [ ] 11. Your data: personal files returned, SAR rights unaffected. VALIDITY (s.203(3) ERA 1996): writing · particular complaint · advice from a relevant independent adviser on terms and effect · adviser insured · adviser identified · statutory conditions stated. REMEMBER: negotiation does not stop the tribunal clock. Start ACAS early conciliation if talks approach the three-month deadline. ======================================================================== Template from YourWorkRights.uk — free, independent guidance. This template is general guidance, not legal advice. Adapt it to your facts. For advice on your case: ACAS 0300 123 1100. ========================================================================