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Warranties in Compromise Agreements Cont’d

July 10th, 2009 · No Comments · About Compromise Agreement Blog, Adviser's Certificate in Your 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, Contract of Employment, No Admission of Liability on the Part of your Employer, No Entitlement to Compensation, 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)

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.


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