An Agreement Not To Sue Employer is a crucial document in Irish employment law used to resolve potential or existing disputes between employers and employees without resorting to litigation. This agreement is typically implemented when both parties wish to settle matters amicably, often in conjunction with employment termination or resolution of workplace disputes. The document must carefully balance the employer's desire for finality with the employee's statutory rights under Irish law, which cannot be contracted out of. It includes essential elements such as the specific claims being waived, consideration provided, acknowledgment of independent legal advice, and clear statements about excluded claims. The agreement must comply with various Irish employment legislation, including the Employment Equality Acts 1998-2015 and the Unfair Dismissals Acts 1977-2015, while also adhering to EU employment protection requirements.
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Key Requirements PROMPT example:
Agreement Not To Sue Employer
"I need an Agreement Not To Sue Employer under Irish law for a senior executive's voluntary departure, including specific provisions for confidentiality and a mutual non-disparagement clause, with the agreement to take effect from March 1, 2025."
1. Parties: Identifies and defines the employer and employee who are parties to the agreement
2. Background: Sets out the context of the agreement, including relevant employment history and existence of potential claims
3. Definitions: Defines key terms used throughout the agreement
4. Consideration: Details the consideration being provided in exchange for the agreement not to sue
5. Waiver and Release: Specifies the claims and rights being waived by the employee
6. Excluded Claims: Lists statutory rights and claims that cannot be waived under Irish law
7. Employee Acknowledgments: Employee's confirmation of understanding, voluntary acceptance, and opportunity to seek legal advice
8. Non-Admission of Liability: Statement that the agreement does not constitute admission of liability by either party
9. Governing Law: Specifies Irish law as governing law and Irish courts as having jurisdiction
10. Entire Agreement: Confirms this document represents the entire agreement between parties
11. Execution: Signature blocks and execution provisions
1. Confidentiality: Terms regarding confidentiality of the agreement and its terms, used when parties wish to keep the agreement private
2. Ongoing Obligations: Details any continuing obligations of either party, used when there are ongoing commitments
3. Return of Property: Requirements for returning company property, used when employee has company assets
4. References: Terms regarding future employment references, used when parties agree on reference arrangements
5. Tax Indemnity: Tax-related provisions and indemnities, used when payment arrangements have tax implications
6. Non-Disparagement: Mutual or one-way non-disparagement provisions, used when parties wish to prevent negative statements
7. Revocation Period: Period during which the employee can revoke the agreement, used when required by specific circumstances
1. Schedule 1 - Specific Claims: Detailed list of specific claims being waived
2. Schedule 2 - Payment Details: Breakdown of any financial consideration being provided
3. Schedule 3 - Company Property: List of company property to be returned, if applicable
4. Appendix A - Statutory Rights: Comprehensive list of statutory rights that cannot be waived under Irish law
5. Appendix B - Legal Advice Certificate: Certificate from legal advisor confirming independent legal advice was provided
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