
Adam Frankel
General Counsel · Technology & AI
15+ years as General Counsel to technology, cloud & AI companies
Free settlement agreement pack, employer side
GitLaw drafts the employer's full set: the protected-conversation script, the without-prejudice offer, the settlement agreement and the agreed reference. UK agreements and US severance. Free to preview.
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The exit, done properly
A UK settlement agreement only binds if the employee takes independent legal advice on it, that's the law (s.203 ERA 1996), not a sales pitch. GitLaw drafts your side of the process and is upfront about theirs: budget £500–£750 + VAT for their adviser. A preview, not legal advice.
PROTECTED CONVERSATION: PREPARATION SCRIPT For your conversation with [Employee Name], Senior Designer · prepared 26 October 2026 THE LEGAL FRAME • This is a pre-termination negotiation under s.111A Employment Rights Act 1996: in an ordinary unfair-dismissal claim, the conversation stays off the record • The protection does NOT cover discrimination or whistleblowing claims, and "improper behaviour" (threats, undue pressure) loses it entirely • Acas Code: give at least 10 days to consider any offer; "sign now or be dismissed on the spot" is improper pressure OPENING "Thanks for making time. I want to have an honest conversation about how things are going, and to put an option on the table that you're free to take away and think about." COVER, IN ORDER 1. The concerns, factual, brief, no character verdicts 2. The proposal, an agreed exit with a package, instead of a formal process 3. The mechanics, a written offer will follow; the agreement only binds once they've taken independent legal advice (you contribute to the cost); nothing is decided today CLOSE "Take the time you need. You'll have everything in writing this week."
26 October 2026
Private & confidential [Employee Name]
Re: Proposed settlement agreement, without prejudice & subject to contract
Dear [Employee Name], Further to our conversation, this letter sets out our proposal for ending your employment by agreement. It is written without prejudice and as a pre-termination negotiation under section 111A of the Employment Rights Act 1996, and no admission of liability is made. We propose the following package:
| Ex-gratia termination payment (tax-free up to £30,000) | £9,000 |
| Notice pay (paid in lieu, taxed as earnings) | £3,200 |
| Contribution to your independent legal advice (+ VAT) | £750 |
| Total package | £12,950 |
For a settlement agreement to be legally binding, you must take independent legal advice on its terms and effect, the contribution above is for that advice, and the agreement only takes effect once your adviser signs the certificate. An agreed reference is attached as a schedule. Please take at least 14 days to consider this proposal. You are under no obligation to accept it, and you may wish to take advice before responding.
SETTLEMENT AGREEMENT (DRAFT): prepared 26 October 2026 Between the Company and [Employee Name], Senior Designer 1. TERMINATION Employment ends on the Termination Date. The Company pays salary and accrued holiday to that date, plus notice or a payment in lieu (taxed as earnings). 2. TERMINATION PAYMENT An ex-gratia payment of £9,000 within 14 days of the later of the Termination Date and this agreement taking effect. The first £30,000 of a genuine ex-gratia termination payment is currently tax-free (ITEPA 2003 ss.401–403); notice pay is always taxed. 3. WAIVER OF CLAIMS [Employee Name] waives the statutory and contractual claims itemised in Schedule 1, listed individually, because s.203(3) requires the agreement to relate to particular claims. 4. CONDITIONS FOR VALIDITY (s.203(3) ERA 1996) This agreement is not binding unless: it is in writing; [Employee Name] has received advice from a relevant independent adviser on its terms and effect; the adviser is identified, and insured; and this agreement states that these conditions are satisfied. The adviser's certificate is at Schedule 2. The Company contributes £750 + VAT to the cost of that advice. 5. REFERENCE The agreed reference at Schedule 3 will be given in response to any enquiry. 6. PERMITTED DISCLOSURES Nothing in this agreement prevents protected disclosures, reports to regulators or the police, or any disclosure required by law.
26 October 2026
Private & confidential [Employee Name]
Re: Reference: [Employee Name]
To whom it may concern, [Employee Name] was employed by Example Company as Senior Designer from March 2023 until their departure. During their employment, [Employee Name] was responsible for design delivery across a number of client accounts and contributed to several successful projects. [Employee Name] left by mutual agreement. We thank them for their contribution and wish them well in their next role. This reference is given in the form agreed between the parties. Any enquiries may be directed to the undersigned.
Previewing an exit package for [Employee Name], Senior Designer · drafted 26 October 2026
Because the law makes the employee take independent advice, a whole industry serves them. You, the one who must produce the documents and run the process correctly, get static templates and "call us" pages. This page is the employer's side, drafted properly.
ERA 1996 ss.111A & 203(3); Acas Code of Practice on settlement agreements; ITEPA 2003 ss.401–403 (HMRC EIM13760); published adviser-fee ranges (2025)

Your AI Agent for contracts
GitLaw reviews what you're sent and drafts what you need, helping you close deals faster and get on with business.
Who's leaving, why, and what you want to offer, in plain English. GitLaw asks what matters (US employee over 40? group exit?) before it drafts.
Conversation script, offer letter, agreement and agreed reference, consistent with each other and with the Acas process.
Send for signature, factor in their adviser's sign-off, and store the signed agreement with the timeline documented.
Trained on 5,500+ clauses and specialist areas of law. Built with a standards committee of independent lawyers.

Adam Frankel
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Steven J. Shanker
Partner and Chair of Corporate and Employment Law
25+ years as a corporate & employment attorney in New York

Rebecca Babbage
Legal Counsel · Financial Services, Corporate & Governance
UK-qualified solicitor working in-house with regulated entities in financial services

Adam Frankel
General Counsel · Technology & AI
15+ years as General Counsel to technology, cloud & AI companies

Juliana Calil
Principal Counsel · Technology & Entertainment
20+ years in-house at Google, Intel, Disney and Looker

Adam Wardel
General Counsel, Data Privacy Officer & AI Advisor
12+ years leading legal & privacy for SaaS and AI companies

John Hoffman
Associate Director, Corporate Counsel · Life Sciences & Technology
20+ years in corporate counsel, incl. senior counsel at Certara

Richard Nohe
General Counsel · Telecom, Cloud & Data Centers
20+ years in-house, regional General Counsel at BT across 30+ countries

Joe Al-Khayat
General Counsel · Technology & High-Growth Companies
Cross-jurisdictional M&A and SaaS contracting across the UK, US & Australia

Joshua Woo
Technology, AI & Privacy Counsel · APAC
Former Goldman Sachs Executive Director for AI, cybersecurity & privacy in APAC

Sahil Verma
International Business & Investment Lawyer
13+ years in business law, investment law & dispute resolution

Matthew Willis
CRO & General Counsel · SaaS
Former President of the ACC's 2,200-attorney Chicago Chapter · JD + Kellogg MBA

Mayowa Ogunrinola
Legal Consultant · Fintech & AI Compliance
Regulatory strategy, AI governance & data protection for fintech and AI

Steven J. Shanker
Partner and Chair of Corporate and Employment Law
25+ years as a corporate & employment attorney in New York

Rebecca Babbage
Legal Counsel · Financial Services, Corporate & Governance
UK-qualified solicitor working in-house with regulated entities in financial services

Adam Frankel
General Counsel · Technology & AI
15+ years as General Counsel to technology, cloud & AI companies

Juliana Calil
Principal Counsel · Technology & Entertainment
20+ years in-house at Google, Intel, Disney and Looker

Adam Wardel
General Counsel, Data Privacy Officer & AI Advisor
12+ years leading legal & privacy for SaaS and AI companies

John Hoffman
Associate Director, Corporate Counsel · Life Sciences & Technology
20+ years in corporate counsel, incl. senior counsel at Certara

Richard Nohe
General Counsel · Telecom, Cloud & Data Centers
20+ years in-house, regional General Counsel at BT across 30+ countries

Joe Al-Khayat
General Counsel · Technology & High-Growth Companies
Cross-jurisdictional M&A and SaaS contracting across the UK, US & Australia

Joshua Woo
Technology, AI & Privacy Counsel · APAC
Former Goldman Sachs Executive Director for AI, cybersecurity & privacy in APAC

Sahil Verma
International Business & Investment Lawyer
13+ years in business law, investment law & dispute resolution

Matthew Willis
CRO & General Counsel · SaaS
Former President of the ACC's 2,200-attorney Chicago Chapter · JD + Kellogg MBA

Mayowa Ogunrinola
Legal Consultant · Fintech & AI Compliance
Regulatory strategy, AI governance & data protection for fintech and AI

Steven J. Shanker
Partner and Chair of Corporate and Employment Law
25+ years as a corporate & employment attorney in New York


Describe the situation and preview the whole employer document set, free.
GitLaw drafts with trusted templates from its library
Browse all templatesA common rule of thumb is 2–3 months' gross salary on top of notice, accrued holiday and any statutory redundancy pay, flexing from around one month (short service, weak claims) to six or more (long service, strong or discrimination-flavoured claims). What you're buying is certainty: price the offer against the cost, management time and risk of running the formal process and defending a claim.
Because without it there is no deal. Section 203(3) of the Employment Rights Act 1996 makes a settlement agreement ineffective to waive statutory claims unless the employee has taken advice from a relevant independent adviser, identified in the agreement and insured, and the agreement states those conditions are met. It's customary (near-universal) for the employer to pay a contribution towards that advice: £500–£750 + VAT is the current going range, more for complex deals.
Partly, if structured correctly. The first £30,000 of a genuine ex-gratia termination payment is currently tax-free (ITEPA 2003 ss.401–403). Notice pay is always taxed as earnings, since April 2018 the post-employment notice pay rules catch it whether or not you pay in lieu, and holiday pay is taxed too. The agreement should split the package explicitly so nobody gets an HMRC surprise.
Mostly, yes, that's the "protected conversation". Under s.111A ERA 1996, a pre-termination negotiation is inadmissible in an ordinary unfair-dismissal claim. Two hard limits: the protection does not apply to discrimination or whistleblowing claims, and "improper behaviour", threats, undue pressure, not giving reasonable time, removes it. Run the conversation from a script that respects both.
A refused offer doesn't poison the well if you ran it properly: s.111A keeps the conversation out of an ordinary unfair-dismissal claim, and you fall back to the fair formal process, performance management, redundancy consultation or disciplinary, that you should be prepared to run in parallel anyway. An offer made instead of any fair process is where employers get into trouble.
The Acas Code of Practice says employees should get a minimum of 10 days to consider a settlement offer and take advice, unless they agree otherwise. Giving less, or pairing the offer with a deadline ultimatum, risks being treated as improper behaviour, which strips the conversation of its s.111A protection.
There's generally no legal duty to give one, but an agreed reference is one of the most-negotiated schedules in settlement deals, and it costs you little. If you do give a reference, it must be true, accurate and fair. Agreeing the exact wording in the settlement agreement protects both sides from later disputes.
Yes, the Older Workers Benefit Protection Act. For a valid waiver of age-discrimination claims, the severance agreement must name the ADEA, advise the employee in writing to consult an attorney, give 21 days to consider (45 days in a group termination, with a decisional-unit disclosure), and allow a non-waivable 7-day revocation period after signing. GitLaw's US severance drafts build these mechanics in when they apply.