Compromise Agreement Solicitors & Lawyers » No Admission of Liability on the Part of your Employer

Compromise Agreement, Employment lawyers London, Negotiating a Settlement

admin — Wed, 13 Oct 2010 12:52:29 +0000

Our employment solicitors are finding that a numbe r of employers are offering employees compromise agreements in circumstances where there is no dispute and/or redundancy, but as a means of mutual agreement. The employer has to act fairly. The employee has to negiotiate a good package. It is worthwhile seeking legal advice from our employment lawyers in London at this stage to ensure that the employer is acting within the law and the employee is getting the best possible settlement.

If you require employment law advice especially on your compromise agreement, as we are specialist employment lawyers in London.

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 in Compromise Agreements Cont’d

admin — Sun, 10 May 2009 13:12:07 +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.

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:

A denial of the right to be accompanied under the Employment Relations Act 1999;
Failure to provide a statement of employment particulars;
Breach of the Paternity and Adoption Leave Regulations 2002;
Breach of the Flexible Working (Procedural Requirements) Regulations 2002 and/or Flexible Working (Eligibility, Complaints and Remedies) Regulations 2002;
Breach of the Part Time Workers (Prevention of Less Favourable Treatment) Regulations 2000;
Breach of the Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002.

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.

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;

When would you get Paid?

admin — Fri, 13 Mar 2009 08:12:05 +0000

Your employer without any admission of liability will pay you within 14 – 60 days of the latest of the following occuring:

The Termination Date;
Receipt by your employer of the signed copy of your Compromise Agreement (signed by you and witnessed by a third party) and containing the Independent Adviser’s certificate (signed by an independent lawyer such as a lawyer at RT Coopers); and
Receipt by your employer of any property belonging to your employer that is in your possession.

Otherwise there might be a delay in receiving your redundancy payment.

No Admission of Liability on the Part of your Employer

admin — Mon, 09 Feb 2009 14:30:07 +0000

When your employer signs a Compromise Agreement it is without admission of liability. You are being compensated for any loss of employment, damages for breach of contract and/or any award or damages you may be entitled to in the Employment Tribunal, County or High Court arising out of your employment or its termination.