COMPROMISE AGREEMENT

Transcription

1 Without Prejudice and Subject to Contract COMPROMISE AGREEMENT THIS AGREEMENT is dated xxxx AND IS MADE BETWEEN: SOAS, University of London whose premises are at Thornhaugh Street, Russell Square, London WC1H 0XG ( the Organisation ); and xxxx ("the Employee") RECITALS: 1. This Agreement satisfies the conditions regulating Compromise Agreements under: Section 203 of the Employment Rights Act 1996 ( the Act ) Section 147 of the Equality Act 2010 Regulation 9 of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 Regulation 10 of the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 Regulation 35 of the Working Time Regulations 1998 Section 49 of the National Minimum Wage Act 1998 Section 288 of the Trade Union and Labour Relations (Consolidation) Act 1992 Regulation 40 of the Information and Consultation of Employees Regulations 2004 Regulation 18 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 Paragraph 12 of the Schedule to the Occupational and Personal Pensions Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 Regulation 50(4) of the European Public Limited-Liability Company Regulations THE ORGANISATION AND THE EMPLOYEE AGREE AS FOLLOWS: 1. The employment of the Employee by the Organisation terminates on the xxxx by reason of redundancy (the Termination Date). 2. This Agreement is in full and final settlement of all employment-related claims that the Employee has and/or may have against the Organisation or any of its officers or staff whether or not they are or could be in the contemplation of the parties at the time of signing this Agreement. 3. The Employee may consider that he/she has a claim for unfair dismissal arising from the redundancy termination and he/she may also consider that he/she has a claim for wrongful dismissal and/or breach of contract. 1

2 4. This Agreement shall be deemed to be an open and binding Agreement, notwithstanding it is marked Without Prejudice and Subject to Contract, once it has been signed by both of the parties. 5. The Organisation shall: (ii) (iii) (iv) (v) Have paid the employee his/her normal xxxx salary payment on or around the xxxx with the xxxx payroll. Without admission of any liability as claimed or otherwise, pay to the Employee the sum of 72, as enhanced redundancy pay and compensation for loss of office within 31 days of the Termination Date. This payment represents enhanced redundancy and compensation for loss of office for the termination of the Employee s employment and does not represent contractual remuneration and therefore the first 30,000 will be treated by HM Revenue & Customs as being free of income tax and National Insurance deductions pursuant to section of the Income Tax (Earnings and Pensions) Act 2003 and the 42, balance of the sum above 30,000 will be subject to an income tax deduction at the appropriate and applicable income tax rate. Pay to the Employee the sum of 100 subject to the normal statutory employee deductions in consideration for agreeing to the clause at at 6 in this agreement. Payment will be made within 31 days of the Termination Date. Pay a contribution of up to 350 plus VAT in respect of the Employee s legal costs in seeking legal advice as to the terms and effect of this Agreement. The contribution will be made within 28 days of receipt at the Organisation of an appropriate invoice in the Employee s name and marked payable by the Organisation which refers to the legal advice. Will upon request by a third party provide a written reference about the employee in the terms set out in Schedule 1 and shall respond to any oral request for a reference in a commensurate manner, and in any event, in a no less favourable manner. If a request for a reference about the employee is received in a different format to that contained in Schedule 1 the Organisation will provide a positive and helpful reference in whatever format is requested. 6. The Employee shall: Not divulge to any third party at any time any trade secrets or other confidential information belonging to the Organisation or any of its associates, staff or students which is not in the public domain including all the current information about the School which is not in the public domain and he/she will not use such secrets or information for his/her own benefit or that of any third party. (ii) Refrain from disclosing the contents of the terms of this Agreement other than to his/her immediate family, trade union representatives, and professional advisers and also except as may be ordered by any court, government agency or as required by law. (iii) Return to the Organisation and/or co-operate with the Organisation for the return of all property and documents which relate in any way to the business of the Organisation which are in his/her possession or under his/her control within seven days of the signing of this Agreement. 2

3 (iv) (v) Accept full responsibility for the payment of any income tax and employee National Insurance deductions not already made by the Organisation and indemnify and keep indemnified the Organisation against all and any liabilities to income tax and/ or employee national insurance which the Organisation may incur in respect of or by reason of the Payment at 5(ii). The Employee will be given 30 days to pay the Organisation in respect of any amounts claimed by the Organisation pursuant to the indemnity Accept the payments and actions of the Organisation set out above in full and final settlement of all or any claims or other rights of action or costs and expenses whatsoever and howsoever arising out of his/her contract of employment with the Organisation or its termination, whether such claims are known or unknown to the Employee and whether or not they are or could be in his/her contemplation at the time of signing this Agreement or which may arise in the future, which he/she may have against the Organisation or any Employees or officers of the Organisation, whether such claims are contractual, statutory or otherwise, including, but not limited to, claims for: (a) (b) damages for breach of contract (whether brought before any employment tribunal or otherwise) in respect of any salary, holiday pay, notice pay, bonus or commission due; unauthorised deduction from wages under the Act; (c) holiday pay under the Working Time Regulations 1998; (d) (e) (f) (g) (h) (j) unfair dismissal under the act including unfair constructive dismissal wrongful dismissal; discrimination by reason of age, race, religion or belief, or sex under the Equality Act 2010; victimisation in connection with age, race, religion or belief, or sex under the Equality Act 2010; harassment in connection with age, race, religion or belief, or sex under the Equality Act 2010; equality of terms or equal pay under the Equality Act 2010 or other equality legislation; contractual or statutory redundancy pay; but excluding any claim to enforce this agreement for any claim for pension rights or personal injury; (vi) Accept that if his/her rights under any of the provisions referred to above have not been validly and lawfully excluded by the provisions of this Agreement (which is not admitted) and if he/she should purport to exercise such rights (or any of them) and if an employment tribunal or other court should find that any compensation is payable to the Employee by the Organisation as a consequence, the monies paid to the Employee at 5(ii) under this Agreement shall be deducted (so far as may be requisite) from any award of compensation in diminution or extinction thereof. 3

4 (vii) For the avoidance of doubt the Employee will not be responsible for any penalties, costs etc which are incurred as a result of the Organisation s default or delay. The Organisation shall provide the Employee with reasonable notice of any demand for tax and allow reasonable access to any documentation required to dispute such claim if necessary. 7. The solicitor agrees:- (ii) [Name of solicitor] based at [Address] has provided the Employee with independent legal advice as to the terms and effect of this Agreement and in particular its effect upon his/her ability to pursue any current or future rights in an Employment Tribunal or other Court; By signing this Agreement, the solicitor who provided the advice warrants that he or she holds a current practising certificate and that the firm currently maintains the level of indemnity cover required of it by the Law Society. 8. This Agreement sets out the entire compromise between the parties and supersedes all prior discussions between them or their advisers and all statements, representations, terms and conditions, warranties, guarantees, proposals, communications and understandings whenever given and whether orally or in writing. Chris Byrne For and on behalf of the Organisation xxxx. xxxx 4

5 Schedule 1 To whom it may concern xxxx was employed at SOAS, University of London (the School of Oriental and African Studies) from xxxx until xxxx most recently as xxxx. In the opinion of the School, xxxx has had extensive experience of working in. I believe that xxxx can be a valuable asset to any employer and wish him/her all the best for the future. Yours faithfully Person X on behalf of the School 5