Settlement Agreement Covering Letter and Heads of Terms

Make a clear, protected settlement offer – covering letter, heads of terms, agreed reference and a checklist – ready for your solicitor to turn into the agreement.

Editable Word document
13
10pages
Guidance notes included
aml consultancy solutions

People & HR

Settlement Agreement Covering Letter and Heads of Terms

About this document

What it’s for

The documents you need to put a settlement proposal to an employee: guidance on protected conversations, a meeting note, a “without prejudice” covering letter, detailed heads of terms, an agreed reference and announcement, and a pre-signing checklist. It is not a settlement agreement itself – the binding agreement should be drafted by a solicitor using the agreed heads of terms.

When to use it

  • To propose an agreed exit, for example after a protected conversation
  • To settle an existing dispute, grievance or tribunal claim
  • After redundancy or performance discussions where an agreed exit suits both sides

What’s inside

The document is laid out in the sections below. Each one comes with a plain-English guidance note explaining what it does and what to change.

  • Part 1 – Guidance for employers
  • What a settlement agreement does
  • Conditions for a valid settlement agreement
  • Protected conversations and “without prejudice”
  • Tax and National Insurance
  • Confidentiality limits
  • Suggested structure
  • For both options
  • Parties and dates
  • Payments
  • Other terms
  • Agreed reference
  • Agreed announcement
  • Before making the offer
  • Making the offer
  • Preparing the agreement
  • After signing

How to complete it

  • Read the guidance before speaking to the employee
  • Complete the heads of terms – these become instructions for the agreement
  • Send the letter, heads of terms and draft reference together
  • Allow at least 10 calendar days to consider the offer

Key points to check

  • A settlement agreement is only binding if the employee receives advice from a relevant independent adviser
  • Confidentiality terms cannot stop protected disclosures or certain disclosures by victims of crime
  • Tax treatment of each payment must be correct – take advice

Our templates are professionally structured starting points for UK businesses, not legal advice. For anything complex, unusual or high-value, have your final version checked by a solicitor.

Included in the pack

People & HR

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Editable Microsoft Word files

Guidance notes in every document

Written for UK businesses

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