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Making an employee redundant can be a difficult time for all parties involved. This being said, there are ways to make the process run a lot smoother. One of these is by using a well-written deed of release.
So, exactly what is a deed of release? And how do you write one?
We're here to explain everything about this useful document.
A deed of release is a legally binding document that employers use to aid the process when an employee is made redundant. It addresses the terms and conditions of the agreement and seeks to ensure that neither party can pursue legal action against the other in the future.
A deed of release for redundancy should be used when an employee is leaving an employer due to redundancy. It can be useful in ironing out the final terms and conditions between the employer and employee.
A more general deed of release can help to bring an agreement or dispute to an end in a variety of situations. These include:
A deed of release should address the terms and conditions of the redundancy agreement. It should cover information concerning:
There are certain clauses that a deed of release cannot and should not contain. A deed of release cannot:
When used in the context of employment, a deed of release can be a valuable document to put in place. It proves useful as an alternative to court proceedings, allowing each party to have their say in the terms and conditions of the document and the freedom to express their views.
As an employer, a deed of release can also help to protect you from unfair dismissal claims. As an employee, it will help you to leave your current employer under more favourable conditions.
Getting a deed of release wrong can cause many problems, which is why it's best practice to ask a lawyer to help you to draft and finalize your document.
Writing a deed of release depends entirely on the nature of the dispute at hand and the terms outlined in the employment agreement.
A few key points that you'll find in most deed of release, redundancy, documents include:
In some cases, a deed of release can limit an employee's legal rights. For this reason, it's important to read the document carefully before signing it and to seek legal help if you're not sure about some of the clauses.
To get started, it's a good idea to use a deed of release template. Here are a few places you can find a template to get the ball rolling:
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