If, at the time you are negotiating your settlement agreement, you are entitled to commission or bonus payments then your entitlement to those bonus and/or commission payments should be recorded in the settlement agreement – a failure to record your entitlement to those payments in the agreed settlement agreement would generally mean that you are no longer entitled to receive those commission and/or bonus payments, as there will be an “entire agreement” clause in the settlement agreement (an entire agreement clause means that only the terms of the settlement agreement can be relied on by the parties once the settlement agreement is completed (as well as any other documents referred to in the entire agreement clause)).

You should always be very clear with your employer – both in negotiations and in the settlement agreement itself – what payments you are entitled to, and how much you are entitled to in respect of each category of payment (i.e. how much in respect of bonus, how much in respect of commission, how much in respect of notice pay etc.)