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Layoff Agreement Template for England and Wales

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Key Requirements PROMPT example:

Layoff Agreement

"I need a Layoff Agreement for a senior software engineer who will be made redundant due to company restructuring, with a termination date of March 15, 2025, including garden leave provisions and an agreed reference."

Document background
A Layoff Agreement (also known as a Settlement Agreement in the UK) is used when employment is terminated through redundancy or similar circumstances under English and Welsh law. The document serves to formally record the termination terms, including financial arrangements, timing, and mutual obligations. It provides legal protection for both employer and employee by including a waiver of potential claims, subject to statutory requirements including independent legal advice. The agreement typically addresses redundancy payments, notice periods, tax treatment, and post-employment restrictions.
Suggested Sections

1. Parties: Identification of employer and employee

2. Background: Context of the redundancy/layoff situation

3. Definitions: Key terms used throughout the agreement

4. Termination Date: Specific date employment will end

5. Payment Terms: Details of redundancy payment, notice pay, and other financial considerations

6. Tax Treatment: Tax implications of payments

7. Waiver of Claims: Employee's waiver of legal claims against employer

8. Confidentiality: Obligations regarding confidential information

Optional Sections

1. Garden Leave: Terms of garden leave if applicable during notice period

2. Post-termination Restrictions: Continued validity of existing restrictions or new ones

3. Reference: Terms of employment reference

4. Company Property: Return of company property provisions

Suggested Schedules

1. Schedule 1: Payment Calculation: Detailed breakdown of all payments

2. Schedule 2: Claims Being Settled: List of specific claims being waived

3. Schedule 3: Adviser's Certificate: Independent legal adviser's certification

4. Appendix 1: Agreed Reference: Form of agreed reference if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions































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Industries

Employment Rights Act 1996: Primary legislation covering basic employment rights, statutory redundancy pay provisions, unfair dismissal protections, and notice period requirements

Equality Act 2010: Legislation protecting against discrimination, ensuring agreement compliance with protected characteristics, and handling discrimination claim waivers

Trade Union and Labour Relations (Consolidation) Act 1992: Covers collective consultation requirements, trade union rights, and requirements for mass redundancies

Protection of Employment Regulations 2006: Governs information and consultation requirements, particularly relevant for collective redundancies

Age Discrimination Act 2006: Contains specific provisions related to age discrimination and impacts redundancy selection criteria

Data Protection Act 2018 and UK GDPR: Regulates the handling of personal data and privacy considerations in employment agreements

Working Time Regulations 1998: Covers holiday pay calculations and accrued leave considerations during termination

National Minimum Wage Act 1998: Ensures all payments within the agreement meet minimum wage requirements

Legal Advice Requirement: Mandatory requirement for employee to receive independent legal advice for the agreement to be legally binding

Formal Agreement Requirements: Agreement must be in writing, identify specific claims being settled, be signed by both parties, and include qualified independent adviser statement

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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