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Mutual Separation Agreement Template for Ireland

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Key Requirements PROMPT example:

Mutual Separation Agreement

"I need a Mutual Separation Agreement for a senior software developer in our Dublin tech company who will be leaving on March 15, 2025, including post-termination restrictions and provisions for unvested stock options."

Document background
The Mutual Separation Agreement is a crucial document used in Irish employment law contexts when an employer and employee mutually agree to terminate their employment relationship on negotiated terms. It provides a formal framework for documenting the separation arrangements, protecting both parties' interests while ensuring compliance with Irish employment legislation. This document is typically used when parties wish to end the employment relationship amicably, often in situations involving organizational restructuring, career changes, or other non-contentious circumstances. The agreement includes essential elements such as separation payments, benefits continuation, confidentiality provisions, and mutual releases, while addressing specific requirements under Irish law regarding independent legal advice and statutory claims. It serves as a comprehensive record of the separation terms and helps prevent future disputes by clearly documenting all aspects of the termination arrangement.
Suggested Sections

1. Parties: Identification of the employer and employee, including full legal names and addresses

2. Background: Brief context of the employment relationship and mutual decision to terminate

3. Definitions: Key terms used throughout the agreement

4. Termination Date: Specific date when employment will terminate and final working day if different

5. Payment and Benefits: Details of severance payment, final salary, benefits, and payment timing

6. Tax Treatment: Tax implications and responsibilities regarding the separation payments

7. Company Property: Requirements for returning company property and equipment

8. Confidentiality: Ongoing obligations regarding confidential information

9. Full and Final Settlement: Confirmation that the agreement represents full and final settlement of all claims

10. Reference: Terms of employment reference to be provided

11. Employee Warranties: Employee confirmations regarding property return, confidential information, and other obligations

12. Legal Advice: Confirmation that the employee has received independent legal advice

13. Governing Law: Confirmation that Irish law governs the agreement

Optional Sections

1. Garden Leave: Include when the employee will be placed on garden leave before termination

2. Post-termination Restrictions: Include when enforcing existing or new non-compete or non-solicitation clauses

3. Share Options/Awards: Include when the employee has share options or awards that need to be addressed

4. Ongoing Cooperation: Include when employee's assistance may be needed for transition or future matters

5. Medical Insurance: Include when continued medical coverage is part of the package

6. Announcement: Include when parties agree on specific internal/external communication about the departure

7. Outplacement Support: Include when outplacement services are being provided

8. Director Resignations: Include when employee holds director positions that need to be resigned

Suggested Schedules

1. Schedule 1 - Payment Calculation: Detailed breakdown of all payments including basic severance, ex-gratia payments, and benefits

2. Schedule 2 - Company Property List: Itemized list of company property to be returned

3. Schedule 3 - Claims Waived: Comprehensive list of statutory and contractual claims being waived

4. Schedule 4 - Continuing Obligations: Details of any post-employment obligations from the employment contract that survive

5. Appendix A - Legal Advisor's Certificate: Certificate from independent legal advisor confirming advice given

6. Appendix B - Letter of Resignation: Template or actual resignation letter if required

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries

Financial Services

Technology

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Professional Services

Retail

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Media and Entertainment

Energy

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Relevant Teams

Human Resources

Legal

Finance

Compliance

Operations

Senior Management

Board of Directors

Company Secretariat

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Managing Director

Senior Manager

Department Head

Project Manager

Technical Lead

Senior Developer

HR Manager

Sales Director

Operations Manager

Account Manager

Marketing Manager

Research Scientist

Legal Counsel

Financial Controller

Business Analyst

Product Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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