Compromise Agreements Solicitors & Lawyers » Choosing an Independent Legal Advisor to provide Advice on the Terms of your Compromise Agreement

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:

© 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.

Employment Lawyers Compromise Agreements – Severance Compensation – PILON

admin — Sun, 13 Jun 2010 09:18:23 +0000

We are receiving a number of enquiries where employers are only offering employees Payment in Leiu of Notice (PILON) as their compensation for loss of employment.

Typically employers are paying Severance Compensation as follows:

The employer will on its own behalf, and on behalf of all its associated companies, without any admission of liability whatsoever pay the employee £[anything up to 12/18 months salary] as compensation for loss of employment and in respect of the employee claims, less such deductions for tax and employee National Insurance contributions as are required by law. This compensation is inclusive of a statutory redundancy payment of £[minimum statutory payment]calculated as follows: £380 gross weeks’ pay x [number of years] complete years’ service x [x] age multiplier.
In addition, the employer shall pay the employee the sum of £[contractual notice period] in lieu of the employee’s contractual notice period, less normal deductions for tax and National Insurance contributions.

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

Breaching Confidentiality Provisions – Compromise Agreements

admin — Fri, 18 Sep 2009 02:04:19 +0000

We discussed the fact that both an employee as well as an employer have to mantain confidentiality with regards to the confidentialty provisions in a compromise agreement. We are now going to look at what could happen if such provisions are breached by either party. In summary:

The party claiming breach would need to have proof of the breach. This is what its referred to as evidence.
Once proof is obtained/secured, then a letter before action should be sent to the party in breach.
If at the end of the requisite period given to the party in breach to respond (usually7 – 21 days), there is no resolution, the next stage is to bring proceedings in the court for breach of confidential information.
The aggrieved party has to make an assessment of damages.
Always ensuring that you obtain sound legal advice.

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.

Warranties in Compromise Agreements Cont’d

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

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.

Warranties – Compromise Agreements Cont’d

admin — Tue, 28 Apr 2009 21:02:38 +0000

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.

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, including but not limited to any claim for:

breach of the Working Time Regulations 1998;
any complaint under the Transfer of Undertakings (Protection of Employment) Regulations 2006 and/or the Trade Union and Labour Relations (Consolidation) Act 1992;
breach of any Additional Salary Reward, bonus or deferred compensation schemes or any long term incentive plan held by the Employee ; and
breach of the National Minimum Wage Act 1998;

Warranties in Compromise Agreements Continued

admin — Mon, 27 Apr 2009 20:56:31 +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: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.

Harassment under the Protection from Harassment Act 1997;
Breach of contract including (without limitation):
- unpaid wages or salary;
- unpaid holiday and/or unpaid contractual sick or [adoption][maternity][paternity]pay;
- unpaid PHI or pension benefits; and/or
- unpaid bonus or commission;
- breach of any implied term of the Employee’s employment.