No, provided that the transaction negotiations take place “without prejudice”. It is important that a settlement agreement deals with outstanding annual leave and provides either that the leave be taken prior to termination or that payment be made in place of leave not taken. Where a worker is to receive remuneration instead of amounts, the agreement should indicate the number of days in arrears and the amount to be paid, or indicate how the unpaid annual leave is calculated. 4. Payment – A settlement is usually made on the basis of a payment made by one of the parties. It is important to indicate to whom and to whom payment should be made (especially if there are many parties), by what method and on which account, in what currency and until when. Consider making a provision for late payment interest and make sure you have checked the tax position for each payment. 3. Billing Volume – Be aware of what is being billed and think carefully about the claims of the transaction agreement. For example, if you want to ensure that you cover existing, unknown, and future claims, use wording such as “complete and final settlement of all claims that the parties have or may have against each other as a result of a given event.” If you just want to solve a tighter question, say so. If you have bonuses or commissions, the amounts due must be set out in the agreement.
A lawyer should check your contract to ensure that all contractual bonuses and commissions are fully paid. However, the supervisors of the Acas Labour Court advise against excessive or total use of settlement agreements. It is best to first try to resolve disputes through discussions and disciplinary procedures of the company.