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1. Parties: Identifies and defines the employer and employee who are parties to the agreement
2. Background: Outlines the employment history, circumstances leading to constructive dismissal claim, and parties' intention to settle
3. Definitions: Defines key terms used throughout the agreement
4. Settlement Terms: Details the settlement payment amount, payment method, and timing
5. Tax Indemnity: Addresses tax treatment of the settlement payment and related indemnities
6. Waiver of Claims: Employee's waiver of all claims against the employer, with specific reference to constructive dismissal
7. Confidentiality: Obligations regarding confidentiality of the agreement and its terms
8. Return of Property: Requirements for returning company property and documents
9. Post-Termination Obligations: Ongoing obligations including confidentiality of business information
10. Reference: Terms regarding the provision of employment references
11. Legal Advice: Confirmation that the employee has received independent legal advice
12. Entire Agreement: Confirms this agreement represents the entire understanding between parties
13. Governing Law: Specifies Irish law as governing law and jurisdiction
14. Execution: Signature blocks and execution requirements
1. Non-Disparagement: Mutual obligations not to make derogatory statements - recommended when there's potential for reputational damage
2. Garden Leave: Include if employee is to remain employed but not working during notice period
3. Outplacement Support: Details of any career transition services offered - include if part of settlement package
4. Insurance Continuation: Terms regarding continuation of insurance benefits - include if applicable
5. Equity/Share Options: Treatment of any share schemes or equity - include if employee has such arrangements
6. Restrictive Covenants: Post-employment restrictions - include if new restrictions are being imposed or existing ones modified
7. Press Release: Agreed public statements about the departure - include for senior executives or public-facing roles
1. Schedule 1 - Payment Breakdown: Detailed breakdown of settlement payment components and tax treatment
2. Schedule 2 - Claims Being Settled: Comprehensive list of statutory and contractual claims being waived
3. Schedule 3 - Company Property: Itemized list of company property to be returned
4. Schedule 4 - Agreed Reference: Template of agreed employment reference
5. Appendix A - Legal Adviser's Certificate: Certificate from independent legal adviser confirming advice given
6. Appendix B - Resignation Letter: Template resignation letter if required as part of settlement
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