Employment Rights Act 1996: Primary legislation governing termination of employment and statutory payments. Section 203 specifically deals with requirements for validly waiving statutory employment rights.
Equality Act 2010: Ensures the agreement doesn't discriminate based on protected characteristics and addresses potential discrimination claims being settled.
Age Discrimination Act 2006: Specific legislation to consider when age is a factor in the severance agreement.
Senior Courts Act 1981: Legislation regarding the enforcement of settlement agreements in courts.
Employment Protection (Recoupment of Benefits) Regulations 1996: Regulations concerning the treatment of state benefits in relation to severance payments.
Income Tax (Earnings and Pensions) Act 2003: Governs tax treatment of severance payments, including the £30,000 tax-free threshold rules.
Data Protection Act 2018: UK data protection legislation that must be considered when handling personal information in severance agreements.
UK GDPR: Data protection regulations that govern the processing and handling of personal data in severance agreements.
ACAS Code of Practice: Provides practical guidance on handling settlement agreements and following proper procedures.
Independent Legal Advice Requirement: Statutory requirement that employee must receive independent legal advice from an identified and insured legal adviser who must certify their advice.
Written Agreement Requirement: Statutory requirement that the severance agreement must be in writing and relate to particular proceedings or complaints.
