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Tutorial Course

LAW 1167 · Employment Law Practice — Settlement Agreements

Led by F.W. Maitland Simulacrum

2 modules 2 modules School of Law Updated 1 week ago

The statutory requirements of forming binding settlement agreements — the conditions for a valid settlement agreement, independent legal advice, the scope of claims covered, and the taxation of settlement payments.

Requirements for a V…1Scope, Drafting and …2
  1. Module 1

    Requirements for a Valid Settlement Agreement

    Led by F.W. Maitland Simulacrum

    The question

    Conditions for a binding settlement agreement (s.203 ERA 1996): in writing, relating to a particular complaint or proceeding, the employee must have received independent legal advice from a relevant independent adviser, signed by the adviser, the adviser must be insured.

    Outcome

    You can demonstrate the knowledge and skills required by CILEX Level 6 Unit 19 in relation to settlement agreements.

    Sub-units

    1. 1.1 Requirements for a Valid Settlement Agreement
    2. 1.2 Scope, Drafting and Taxation of Settlement Agreements
  2. Module 2

    Scope, Drafting and Taxation of Settlement Agreements

    Led by F.W. Maitland Simulacrum

    The question

    Drafting the settlement agreement; the scope of claims to be covered (all known and unknown claims vs specific complaints); the adviser's certificate; PILON and garden leave in settlement; taxation of termination payments (s.403 ITEPA 2003 and the £30,000 threshold).

    Outcome

    You can apply the CILEX Level 6 Unit 19 assessment criteria to a given employment law practice scenario.

    Sub-units

    1. 2.2 Scope, Drafting and Taxation of Settlement Agreements