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Bullying Settlement Agreement Template for England and Wales

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Key Requirements PROMPT example:

Bullying Settlement Agreement

"I need a Bullying Settlement Agreement for a senior manager who is leaving the company following harassment allegations, with a settlement sum of £75,000 and an agreed reference, to be completed by March 2025."

Document background
A Bullying Settlement Agreement is utilized when resolving workplace bullying incidents in England and Wales through formal settlement rather than litigation. This document is particularly relevant when both parties wish to achieve closure while maintaining confidentiality and avoiding costly tribunal proceedings. The agreement typically includes financial compensation, confidentiality clauses, non-disparagement provisions, and specific terms regarding future employment references. It must comply with UK employment law, particularly the Equality Act 2010 and Protection from Harassment Act 1997, and requires independent legal advice for the employee before signing.
Suggested Sections

1. Parties: Identification of all parties involved in the settlement

2. Background: Context of the bullying incident(s) and reason for settlement

3. Definitions: Key terms used throughout the agreement

4. Settlement Terms: Financial and non-financial terms of the settlement

5. Confidentiality: Terms regarding confidentiality of the agreement and incident

6. Non-Disparagement: Mutual agreements not to speak negatively about each other

7. Tax Indemnity: Tax implications and responsibilities

8. Entire Agreement: Confirmation this represents the complete agreement between parties

Optional Sections

1. Reference Provision: Terms regarding future employment references when employee is leaving the organization

2. Return of Property: Requirements for returning company property when employee is leaving the organization

3. Future Employment: Terms regarding potential future employment and re-employment possibilities

4. Ongoing Support: Provisions for counselling or support services when psychological support is part of settlement

Suggested Schedules

1. Schedule 1: Settlement Payment Details: Breakdown of financial settlement including payment terms

2. Schedule 2: Agreed Reference: Format and content of agreed employment reference

3. Schedule 3: Waiver of Claims: Detailed list of claims being waived

4. Appendix A: Independent Legal Advice Certificate: Confirmation of independent legal advice received

Authors

Alex Denne

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

Relevant legal definitions



























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Relevant Industries
Relevant Teams
Relevant Roles
Industries

Equality Act 2010: Primary legislation covering harassment, discrimination, protected characteristics and employer liability in workplace bullying cases

Employment Rights Act 1996: Fundamental employment legislation covering unfair dismissal, constructive dismissal and general employment rights relevant to bullying cases

Health and Safety at Work Act 1974: Legislation establishing employer's duty of care, mental health obligations and requirements for safe working environment

Protection from Harassment Act 1997: Defines harassment, establishes criminal and civil remedies, and addresses course of conduct in harassment cases

GDPR and Data Protection Act 2018: Regulations governing handling of personal data and confidentiality provisions in settlement agreements

Public Interest Disclosure Act 1998: Legislation protecting whistleblowers and governing internal reporting of bullying incidents

Human Rights Act 1998: Establishes fundamental rights including right to private life and dignity at work

Limitation Act 1980: Sets statutory time limits for bringing legal claims related to bullying and harassment

Settlement Agreement Requirements: Legal requirements for valid settlement agreements including independent legal advice, waiver of claims, cooling-off period and tax implications

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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