Settlement agreement proposal letter template
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Supporting information
Use this model settlement agreement proposal letter to enter discussions with an employee about ending their employment relationship.
This should only be used where there are previous or current disciplinary or performance management actions, i.e. there must be a dispute, or redundancy.
The letter includes the option of meeting with the employee to discuss the offer.
Settlement agreement proposal letter
[Sender name]
[Sender address]
[date]
[Recipient name]
[Recipient address]
Dear [Recipient first name],
Without Prejudice and subject to S111A Employment Rights Act 1996
We are writing to you because, as you are aware, we have had some concerns about your [conduct/attendance/performance] [delete as appropriate and specify sufficient detail about previous disciplinary/performance management action taken, and about the ongoing concerns, to allow the employee to make an informed decision about his/her options].
We consider that, in these circumstances, one option is to offer you a settlement agreement to bring our employment relationship to an end, and we invite you to consider the proposal set out below.
If we are unable to reach such an agreement, then you should be aware that it is our intention to proceed to the next stage of our disciplinary [or performance management] procedure [insert brief details of where the employee can reasonably access the appropriate written procedure.] I will therefore convene a disciplinary meeting to make a decision on these concerns, and that this could result in your dismissal.
You should note that there is no obligation for you to enter into discussions with us in relation to this proposal. If you choose to do so or not, please also note that any correspondence
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What is this for?
A settlement agreement proposal letter is a document that is sent by one party to another during a dispute or legal proceeding. The purpose of the letter is to propose a settlement agreement that would resolve the issues in the dispute without the need for further legal action.
The letter typically outlines the terms of the proposed settlement, including any financial compensation or other remedies that are being offered, as well as any conditions or requirements that would need to be met in order to finalize the settlement. The letter may also include a deadline for the other party to respond, and may indicate that the offer will be withdrawn if a response is not received by that date.
In addition to outlining the proposed terms of the settlement, the letter may also provide a brief overview of the issues in dispute and the reasons why the party is proposing the settlement. The tone of the letter is generally professional and respectful, and may express a desire to resolve the dispute in a way that is mutually beneficial to both parties.
Overall, a settlement agreement proposal letter is an important tool for resolving disputes and legal proceedings outside of the court system, and can help to save time, money, and resources for all parties involved.
Employment law compliance
- Employment Rights Act 1996: This act allows employers and employees to reach a legally binding agreement to end an employment relationship.
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Equality Act 2010: This act prohibits discrimination in the workplace on the basis of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. A settlement agreement can ensure that any potential discrimination claims are settled and avoided.
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Data Protection Act 2018: This act sets out the requirements for the processing of personal data. Settlement agreements often involve the exchange of personal data, and the act ensures that this data is processed lawfully and in accordance with data protection principles.
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Working Time Regulations 1998: These regulations set out the maximum hours an employee can work in a week, and their entitlement to rest breaks and annual leave. A settlement agreement can include provisions relating to the employee's entitlement to holiday pay and time off.
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Health and Safety at Work Act 1974: This act places a duty on employers to ensure the health, safety, and welfare of their employees. A settlement agreement can ensure that any potential health and safety claims are settled and avoided.
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National Minimum Wage Act 1998: This act sets out the minimum wage rates that employers must pay their employees. A settlement agreement can include provisions relating to any outstanding payments or arrears owed to the employee.
Documentation sequence
Guide to without prejudice or protected conversations
Our Guide to without prejudiice or Protected Conversations provides comprehensive insights on handling confidential discussions, ensuring legal compliance and effective communication.
