Deeds of release
It is increasingly common for an employee to be asked to sign a deed of release or separation agreement at the end of their employment. This is especially so if the employment ended in contentious circumstances.
Often, very little time is given to sign such an agreement; however, it is important to take your time and understand what you are signing.
What is a deed of release?
A deed of release or separation agreement is a legal document that seeks to resolve all matters or contentious matters between an employer and employee, often in exchange for a payout.
They are often phrased in such a way that you give up all future legal claims against your employer, so it is important to have all matters resolved.
Signing away legal rights is something that should only be done on legal advice. It is also important to make sure the deed explicitly carves out exclusions for unresolved matters or legal rights that should not be signed away.
Do I have to sign a deed of release?
No, you do not have to sign a deed of release. However, it may be in your interests to do so. It is a good idea to seek advice about the release before signing.
Can you negotiate my resignation?
Yes. Sometimes the employment relationship becomes so stuck that you need someone to communicate with the other side to negotiate an exit. This is a good option for people who want to leave confidentially on their own terms.
How can we help?
If an employer has presented you with a deed of release, we can:
- Review the proposed deed
- Suggest changes and exclusions to be made
- Include other terms in the deed
- Advise on whether the offer is good or fair
- Negotiate directly with the employer on your behalf.
If you have been offered a deed of release or separation agreement, or you are otherwise negotiating the end of your employment we strongly recommend seeking legal advice.