A Bullying Settlement Agreement is utilized when resolving workplace bullying incidents in England and Wales through formal settlement rather than litigation. This document is particularly relevant when both parties wish to achieve closure while maintaining confidentiality and avoiding costly tribunal proceedings. The agreement typically includes financial compensation, confidentiality clauses, non-disparagement provisions, and specific terms regarding future employment references. It must comply with UK employment law, particularly the Equality Act 2010 and Protection from Harassment Act 1997, and requires independent legal advice for the employee before signing.
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1. Parties: Identification of all parties involved in the settlement
2. Background: Context of the bullying incident(s) and reason for settlement
3. Definitions: Key terms used throughout the agreement
4. Settlement Terms: Financial and non-financial terms of the settlement
5. Confidentiality: Terms regarding confidentiality of the agreement and incident
6. Non-Disparagement: Mutual agreements not to speak negatively about each other
7. Tax Indemnity: Tax implications and responsibilities
8. Entire Agreement: Confirmation this represents the complete agreement between parties
1. Reference Provision: Terms regarding future employment references when employee is leaving the organization
2. Return of Property: Requirements for returning company property when employee is leaving the organization
3. Future Employment: Terms regarding potential future employment and re-employment possibilities
4. Ongoing Support: Provisions for counselling or support services when psychological support is part of settlement
1. Schedule 1: Settlement Payment Details: Breakdown of financial settlement including payment terms
2. Schedule 2: Agreed Reference: Format and content of agreed employment reference
3. Schedule 3: Waiver of Claims: Detailed list of claims being waived
4. Appendix A: Independent Legal Advice Certificate: Confirmation of independent legal advice received
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