Ƶ

Constructive Dismissal Settlement Agreement for Ireland

Constructive Dismissal Settlement Agreement Template for Ireland

A legally binding agreement under Irish employment law that formalizes the settlement of a constructive dismissal claim between an employer and employee. This document outlines the terms under which an employee agrees to settle their potential or actual constructive dismissal claim, typically including financial compensation, confidentiality provisions, and a comprehensive waiver of claims. The agreement must comply with Irish employment legislation, particularly the Unfair Dismissals Acts 1977-2015, and requires the employee to receive independent legal advice before signing. It includes specific provisions for tax treatment of payments and post-employment obligations.

Your data doesn't train Genie's AI

You keep IP ownership of your information

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Download a Standard Template

4.6 / 5
4.8 / 5
Access for free
OR

Alternatively: Run an advanced review of an existing
Constructive Dismissal Settlement Agreement

Let Ƶ's market-leading legal AI identify missing terms, unusual language, compliance issues and more - in just seconds.

What is a Constructive Dismissal Settlement Agreement?

The Constructive Dismissal Settlement Agreement is a crucial document used in Irish employment law when an employee has resigned or intends to resign due to their employer's conduct, which they believe amounts to a fundamental breach of the employment contract. This document serves to formally settle any potential or actual constructive dismissal claims, providing certainty and closure for both parties. It typically arises in situations where working relationships have broken down irretrievably, but parties wish to avoid litigation through the Workplace Relations Commission. The agreement must comply with Irish employment law, particularly the Unfair Dismissals Acts 1977-2015, and includes detailed provisions covering financial settlement, confidentiality, tax implications, and future obligations. Independent legal advice is mandatory for the employee, ensuring they fully understand their rights and the implications of signing the agreement.

What sections should be included in a Constructive Dismissal Settlement Agreement?

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

What sections are optional to include in a Constructive Dismissal Settlement Agreement?

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

What schedules should be included in a Constructive Dismissal Settlement Agreement?

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

Authors

Alex Denne

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

Jurisdiction

Ireland

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions



































Clauses































Relevant Industries

Financial Services

Technology

Manufacturing

Retail

Healthcare

Professional Services

Construction

Education

Hospitality

Telecommunications

Media

Transportation

Energy

Real Estate

Non-Profit

Relevant Teams

Human Resources

Legal

Finance

Executive Leadership

Operations

Administration

Compliance

Risk Management

Relevant Roles

Chief Executive Officer

Senior Manager

Department Head

Project Manager

Sales Director

Financial Controller

Technical Lead

Operations Manager

Account Manager

Marketing Manager

HR Manager

Software Developer

Business Analyst

Administrative Officer

Customer Service Manager

Regional Manager

Research Scientist

Legal Counsel

Product Manager

Systems Engineer

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

Find the exact document you need

Motor Vehicle Accident Settlement Agreement

An Irish law-governed agreement that settles claims arising from a motor vehicle accident, establishing compensation terms and mutual release of claims.

find out more

Full And Final Settlement Agreement Divorce

An Irish law-governed divorce settlement agreement that comprehensively addresses all aspects of marriage dissolution including financial, property, and family arrangements.

find out more

Compromise Agreement Redundancy

An Irish law-governed agreement that settles terms of employment termination due to redundancy, including payments, benefits, and mutual obligations.

find out more

Agreement To Settle Car Accident

An Irish law-compliant agreement for settling all claims arising from a motor vehicle accident, including damages, injuries, and related costs.

find out more

Accident Settlement Agreement

An Irish law-governed agreement that documents the settlement terms and conditions between parties involved in a personal injury claim, including compensation and release of liability.

find out more

Motor Accident Private Settlement Agreement

An Irish law-governed agreement for private settlement of motor vehicle accident claims between involved parties and their insurers.

find out more

Binding Financial Agreement Property Settlement

An Irish law-governed agreement that formally documents the division of property and financial assets between separating parties, ensuring legal compliance and enforceability.

find out more

Mutual Settlement Agreement

An Irish law-governed agreement that documents the formal resolution of disputes between parties, including settlement terms and mutual releases.

find out more

Constructive Dismissal Settlement Agreement

An Irish law agreement settling a constructive dismissal claim between employer and employee, including settlement terms and mutual obligations.

find out more

Unfair Dismissal Settlement Agreement

An Irish law-governed agreement settling unfair dismissal claims between employer and employee, including settlement terms and mutual releases.

find out more

Tripartite Settlement Agreement

An Irish law-governed agreement between three parties to settle disputes or claims, establishing legally binding settlement terms and mutual obligations.

find out more

Settlement Agreement Between Landlord And Tenant

An Irish law-governed agreement that documents the resolution of disputes between landlords and tenants, including settlement terms and mutual releases.

find out more

Separation And Settlement Agreement

An Irish law-governed agreement that formalizes separation terms between spouses, including asset division, financial arrangements, and related matters.

find out more

Redundancy Agreement

An Irish law-governed agreement that formalizes an employee's redundancy terms, including statutory payments and additional benefits.

find out more

General Mutual Release Agreement

An Irish law-governed agreement enabling parties to mutually release each other from specified claims and potential legal actions.

find out more

Divorce Financial Consent Order

An Irish court order that legally formalizes the financial settlement between divorcing spouses under Irish family law.

find out more

Voluntary Redundancy Settlement Agreement

An Irish law-governed agreement documenting terms and conditions of voluntary redundancy, including payments, benefits, and mutual obligations between employer and employee.

find out more

Estate Family Settlement Agreement

An Irish law agreement that formalizes arrangements between family members for the distribution of a deceased person's estate, resolving potential disputes and providing clear asset allocation.

find out more

Divorce Property Division Agreement

An Irish law-governed agreement documenting the division of property and assets between divorcing spouses, including real estate, financial assets, and liabilities.

find out more

Divorce Agreement

An Irish law-governed agreement detailing the complete settlement terms between divorcing spouses, including property division, financial arrangements, and related provisions.

find out more

Collision Settlement Agreement

An Irish law agreement that documents the final settlement terms between parties involved in a vehicle collision, including compensation and mutual releases.

find out more

Car Settlement Agreement

An Irish law agreement that resolves disputes or claims related to vehicle transactions, establishing settlement terms and releases between involved parties.

find out more

Reaffirmation Settlement Agreement

An Irish law-governed agreement where a party formally recommits to an existing obligation or debt, typically including modified terms and payment schedules.

find out more

Bullying Settlement Agreement

An Irish law-governed settlement agreement resolving workplace bullying claims between employer and employee, including compensation terms and mutual obligations.

find out more

Personal Injury Settlement Agreement

An Irish law agreement documenting the final settlement of a personal injury claim, including compensation terms and mutual releases between injured party and respondent.

find out more

Mortgage Settlement Agreement

An Irish law-governed agreement between lender and borrower(s) establishing terms for mortgage settlement or restructuring, aligned with Irish financial regulations.

find out more

Mediated Agreement

An Irish law-governed agreement documenting terms reached through formal mediation, establishing legally binding obligations between parties under the Mediation Act 2017.

find out more

Auto Accident Settlement And Release Agreement

An Irish law-governed agreement that settles claims arising from a motor vehicle accident, including compensation terms and release of future claims.

find out more

Grievance Settlement Agreement

An Irish law-governed agreement that formally settles workplace grievances between employer and employee, detailing settlement terms and mutual obligations.

find out more

Confidentiality Agreement Personal Injury Settlement

An Irish law-governed agreement ensuring confidentiality of personal injury settlement terms and related sensitive information between settling parties.

find out more

Non Compromise Agreement

An Irish law-governed agreement that establishes contractual obligations between parties without settling disputes, defining clear terms and conditions for business relationships.

find out more

Global Resolution Agreement

An Irish law-governed agreement that comprehensively resolves all disputes between parties, providing a complete settlement framework and mutual releases.

find out more

General Mutual Release

An Irish law-governed agreement where parties mutually release each other from all claims and liabilities, providing a clean break and prevention of future litigation.

find out more

Consultant Settlement Agreement

An Irish law-governed agreement that formalizes the termination of a consulting engagement, including settlement terms, releases, and post-termination obligations.

find out more

Reverse Payment Agreement

An Irish law-governed agreement between pharmaceutical companies settling patent disputes through delayed generic entry arrangements, subject to EU competition regulations.

find out more

Lease Settlement Agreement

An Irish law-governed agreement that documents the mutually agreed termination of a lease, including settlement terms and mutual releases between landlord and tenant.

find out more

Probate Settlement Agreement

An Irish law-governed agreement that settles disputes relating to estate distribution and administration, formalizing arrangements between beneficiaries and estate representatives.

find out more

Ex Gratia Payment Settlement Agreement

An Irish law agreement documenting voluntary payments from employer to employee, including settlement terms and mutual releases.

find out more

Private Settlement Agreement For Car Accident

An Irish law-governed agreement that settles claims between parties involved in a car accident, outlining compensation terms and mutual releases.

find out more

Post Settlement Agreement

An Irish law-governed agreement documenting the terms and conditions of a settlement reached between parties following dispute resolution.

find out more
See more related templates

ұԾ’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; ұԾ’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

We are ISO27001 certified, so your data is secure

Organizational security:

You retain IP ownership of your documents and their information

You have full control over your data and who gets to see it