When there is a significant gap between the signing of a settlement agreement and the employee’s termination date, a reaffirmation may be required. A reaffirmation clause requires the employee to confirm that they are not aware of any potential claims or legal issues against the employer at a later date, after the initial agreement has been signed. By signing the reaffirmation, the employee essentially states that they have no knowledge of any wrongdoing by the employer that could serve as the basis for a claim. These clauses are commonly included in settlement agreements to provide employers with additional protection against future legal action.

For instance, if an employee later uncovers evidence of discrimination or harassment that was unknown at the time of the settlement, the reaffirmation clause may prevent them from taking legal action based on that information. Both the employee and their solicitor are required to sign the reaffirmation for it to be valid, but employers do not have to sign it.

If you would like more information, or assistance with a settlement agreement, please contact Arvin Sandhu by email or on 01494 521301.