What else should be included in the Settlement Agreement?

  1. If you want to be able to enforce the agreement in England & Wales then it should be stated that the law of England & Wales governs the contract and that the courts of England & Wales will have exclusive jurisdiction.
  2. It is extremely helpful to have a clause stating that the agreement can be signed in ‘counterparts’ (i.e. that each person can sign a different copy of the settlement agreement).
  3. You may wish to have an ‘entire agreement’ clause stating that all previous agreements are superseded by this settlement agreement. However, check with your legal adviser whether this could have any adverse consequences.
  4. If a Reference has been agreed then an example should be included as a Schedule to the agreement.
  5. The employee’s legal adviser’s certificate must be included as a Schedule to the agreement. The employee must have received independent advice in order for the agreement to be valid!