3. Size of settlement – be aware of what is being settled and think carefully about the claims that the transaction contract covers. For example, if you want to ensure that you cover existing, unknown and future claims, use language such as “full and final settlement of all claims that the parties have or may have against each other, which arise from [certain events].” If you want to resolve a narrower point of contention, say so. There was a dispute between the parties as to how the transaction was to be registered, and Sun sought to impose a confidentiality obligation on Mr. Newbury and insert conditions in the national income tax and insurance assessment agreement, none of which had been included in Sun`s original letter of offer. Mr. Newbury asked the Court to find that a binding settlement agreement had been reached, on the terms set out in the initial letter of the offer, on the conditions it had adopted by re-shipping. The company argued in a subsequent court proceeding that the exchange of emails the day after the meeting constituted a dispute settlement agreement, so that it had no other obligation to pay. From an objective point of view, the emails contained an offer to pay and accept this offer, and no reasonable observer could have concluded that the parties intended to do otherwise. The subcontractor did not use the term “contract-compliant” (or similar expression) in these emails and pretended that an agreement had been reached by paying the deposit and returning to work on the site after those emails. Pension: If necessary, payments to your pension fund must be continued until the termination date and, if a payment is made in lieu of a termination, your employer may be required to continue to contribute for an equivalent period of time, depending on the contractual terms. If you choose to pay part of the compensation to your pension, this must be included in the transaction contract, otherwise you will not be able to benefit from the tax-free nature of the payment to your pension.
This is because the employer can maintain or dismiss the complaint for reasons acceptable to the worker, so the parties can never argue. If the existence of a dispute is debatable, you can instead invoke the 1996 s.111A Employment Rights Act 1996 to prevent the admissibility of transaction negotiations. 6. Confidentiality – most parties would prefer the transaction agreement to remain confidential. Be sure to include an explicit confidentiality provision in the transaction agreement, while allowing some necessary exceptions (for example. B by court order or limited to accountants, insurers and lawyers of the parties).