Settlement Agreement – What is Reaffirmation? (Part 10)

When there is a significant time lapse between the date the settlement agreement is signed and the termination date, it may be necessary for the employee to sign a reaffirmation. Reaffirmation refers to a clause that requires the employee to confirm or acknowledge that they are not aware of any potential claims or legal issues against the employer at a date after the settlement agreement is first signed. By reaffirming, the employee is essentially stating that they have no knowledge of any wrongdoing by the employer that would form the basis of a claim. Reaffirmation clauses are often included in settlement agreements to provide the employer with additional protection against future legal action by the employee.

For example, if the employee later discovers evidence of discrimination or harassment that they were not aware of at the time of the settlement, the reaffirmation clause may prevent them from pursuing legal action based on that information. The employee and their solicitor will be required to sign the reaffirmation.

If you have any questions concerning a settlement agreement, please contact Noel McNicholas on 01926 887700 or noel.mcnicholas@thomasflavell.co.uk.