Compromise Agreements Solicitors & Lawyers » Adviser’s Certificate in Your Compromise Agreement

Employment Lawyers London – Legal Costs For Advising on Compromise Agreements

admin — Tue, 06 Jul 2010 21:32:38 +0000

Legal fees – Employees tend to be very worried abot how much they would have to pay to receive advice on their compromise agreements. The usual practice is that the employer would pay us a contribution towards the employee’s legal fees plus VAT if the compromise agreement is executed by the employee and subject to receipt of an invoice addressed to the employee but marked payable by the employer, and subject to confirmation from us that such legal costs were incurred solely in advising the employee regarding the termination of the employee’s employment and the preparation of the compromise agreement. We have a policy that we would not charge an employee more than the contribution payable by the employer unless we have to engage in negotiations on behalf of the employee (subject to a minimum amount- http://www.employmentlawyersinlondon.com/

If you require further information please contact us at enquiries@rtcooperssolicitors.com or visit one of the following pages on employment law:

© RT COOPERS, 2010. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.

Compromise Agreements Employment Law – Employment Lawyers London

admin — Mon, 05 Jul 2010 17:09:04 +0000

An employee is required to obtain independent legal advice. The adviser is required to give a warrant (in most cases) along the lines that:-

“ I also warrant and confirm that I am a solicitor of the Supreme Court, who holds a valid practising certificate and whose firm, [insert solicitor's firm's name and address], is covered by a policy of insurance, or an indemnity provided for members of a profession or professional body, which covers the risk of claims by the employee in respect of any loss arising in consequence of such advice that I have given to the employee in connection with the terms and effect of this Agreement.”

If you require further information please contact us at enquiries@rtcooperssolicitors.com or visit one of the following pages on employment law:

Adviser’s Certificate – Compromise Agreements

admin — Sun, 18 Oct 2009 20:34:28 +0000

Employers and Employees should note that in the adviser’s certificate of a compromise agreement (it is usually attached as a schedule to the compromise agreement), you have to now refer to the Senior Courts instead of the Supreme Courts, as the law changed recently.

Payment of Legal Advisers – Compromise Agreements

admin — Tue, 04 Aug 2009 19:14:48 +0000

How do legal advisers get paid when advising on compromise agreements?

Your Employer will make a contribution to your legal cost. Usually there will be an additional charge if the lawyer has to negotiate with the Employer about the terms of your compromise agreement.

Once the Employee receives legal advice and all queries are dealt with by the legal adviser and/or Employer, we send the Employer an invoice made out in the Employee’s name but made payable by the Employer.

We need to be included in the Adviser’s Certificate in order for us to be paid (see previous entry).

Adviser’s Certificate

admin — Thu, 16 Jul 2009 21:42:32 +0000

The independent legal advise prov iding legal advice on your compromise agreement has to sign what is called an adviser’s certificate. An adviser’s certificate should include the following:-

‘I, [Name of Solicitor] am a relevant independent adviser within the meaning of s 203 of the Employment Rights Act 1996. I confirm that:

I am a relevant independent adviser within the meaning of section 203 of the Employment Rights Act 1996;

I am not acting (and have not acted) in relation to this matter for the Employer or any of its Associated Companies;

There is in force a contract of insurance, or a professional indemnity, as required by s 203 (3) (d) Employment Rights Act 1996, covering the risk of a claim against me in respect of the advice which I have given leading to the signature of this letter; and

I have advised the Employee of the terms and effect of the compromise agreement to which this certificate is attached and in particular in relation to its effect on his/her ability to pursue his/her rights before an Employment Tribunal in respect of those proceedings referred to in the compromise agreement following his/her acceptance of the terms of the compromise agreement.

Signed_____________________________ Dated__________________________

This will be signed by the Employee’s legal advisor.

Adviser’s Certificate

admin — Wed, 15 Jul 2009 22:32:26 +0000

The independent legal advise prov iding legal advice on your compromise agreement has to sign what is called an adviser’s certificate. It states that:-

‘I, [Name of Solicitor] am a relevant independent adviser within the meaning of s 203 of the Employment Rights Act 1996.

I confirm that:

(a) I am a relevant independent adviser within the meaning of section 203 of the Employment Rights Act 1996;

(b) I am not acting (and have not acted) in relation to this matter for the Company or any Associated Company (as defined in the agreement);…’

See next entry…

Warranties in Compromise Agreements Cont’d

admin — Fri, 10 Jul 2009 21:14:58 +0000

We are continuing with our discussion on warranties in compromise agreements. Our previous entries explain a number of warranties that you will have to give to your employer. One of the key warranties is that:

1. You have received independent legal advice on all and any claims that you might be able to bring against your Employer in the Employer Tribunal and the High Court/County Court in respect of your employment and termination of employment.

2. You further warrant you have reviewed such claims with the Independent Adviser and been advised upon the possibility of pursuing such claims and you waive your rights to pursue such claims)

i. You have received from the Independent Adviser independent legal advice as to the terms and effect of your compromise agreement and in particular as to its effect on your ability to pursue your rights before an Employment Tribunal in respect of each of the claims referred to in your compromise agreement (some of these rights are listed in previous entries under warranties); and
ii. At the time when the Independent Adviser gave advice to you in respect of the terms and effect of your compromise agreement, you were advised that there was in force a contract of insurance or an indemnity provided for members of a professional body in respect of any claim by you in respect of loss arising as a consequence of the advice given by the Independent Adviser.

Warranties in Compromise Agreements Cont’d

admin — Wed, 01 Jul 2009 22:27:32 +0000

2. You further warrant you have reviewed such claims with the Independent Adviser and been advised upon the possibility of pursuing such claims and you waive your rights to pursue such claims

3. You further warrant and confirm that:

i. You have no other complaints whatsoever against your Employer (except those referred to in the previous entries on warranties);

ii. You acknowledge that your Employer has agreed to pay the Severance Payment only on the strength of that warranty;

iii. Save in respect of claims relating to personal injury and pension rights (as explained in the earlier entries), you will refrain from presenting any complaint to an Employment Tribunal, County Court or High Court; and

iv. You will not present your Employer with any questionnaire, data subject access request or request under the Freedom of Information Act 2000 (if relevant) in relation to your employment or its termination or in relation to any other matter arising prior to the date of the Compromise Agreement except in respect of any breach or information which may come to light after the date of the Compromise Agreement.

More regulations in the next blog entry.

Warranties in Compromise Agreements Cont’d

admin — Wed, 24 Jun 2009 08:05:27 +0000

2. You further warrant you have reviewed such claims with the Independent Adviser and been advised upon the possibility of pursuing such claims and you waive your rights to pursue such claims. The warranties that we have discussed in this blog and which you will be required to give to your Employer, do not apply to the following:-

Any claim to enforce an Employee’s pension rights which have accrued up to the date of the compromise agreement under the Pension Scheme;
Any personal injury claim which an Employee is not aware as at the date of the compromise agreement; and
Any claim necessary to enforce the terms of the compromise agreement.

More regulations in the next blog entry.

Warranties in Compromise Agreements Cont’d

admin — Fri, 29 May 2009 21:32:29 +0000

i. Being subjected to a detriment under any section within Part V Employment Rights Act 1996; and

ii. Any other claim whether known or unknown to the parties and whether presently known in law (including for the avoidance of doubt any injury arising from alleged unlawful discrimination); and

ii. Any other claim whether known or unknown to the parties and whether presently known in law (including for the avoidance of doubt any injury arising from alleged unlawful discrimination arising out of the Employee’s employment and/or its termination).

More regulations in the next blog entry.