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Warranties in Compromise Agreements Cont’d

July 1st, 2009 · No Comments · About Compromise Agreement Blog, Adviser's Certificate in Your Compromise Agreement, Benefits - What happens to your Benefits once you sign a Compromise Agreement?, Choosing an Independent Legal Advisor to provide Advice on the Terms of your Compromise Agreement, Compromise Agreements, Confidentiality Provisions in a Compromise Agreements, Dismissal Before the Termination Date, Necessity for Legal Advice on the Terms of Your Compromise Agreement, No Admission of Liability on the Part of your Employer, No Entitlement to Compensation, Pension Rights, Post Termination Restrictions after Signing a Compromise Agreement, Signing Compromise Agreements, Termination of Employment, Warranties, Your Compromise Agreement is a Binding Contract

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

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.


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