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Can my bonus or commission (or any other contractual payments) be included in the agreement?
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.)
Redmans Limited is a company registered in England and Wales with registration number 05872980, VAT GB893856068, and registered office Parkshot House, 5 Kew Road, Richmond, TW9 2PR. Settlement Agreement Lawyer is a firm of solicitors authorized and regulated by the Solicitors Regulation Authority (SRA number: 468098).