Excessive workload caused sick leave

Case Details

This example is a theoretical case with details inspired by the past experience of our senior lawyers here at Monaco Solicitors. The names and exact circumstances are not real.

  • Client name: Mr Fields 
  • Job title: National Business Development Director  
  • Employer/company size: Travel Industry. 35-50 employees
  • Annual basic salary, before tax: £78,000
  • Annual expected bonuses & commission: N/A
  • Date the Case Details Form was filled out: 28th January 2017
  • Date of first action: 2nd February 2017
  • Date of case completion: 16th February 2017
  • Initial agreed fee: 15% inclusive of VAT
  • Original settlement offer: 26,000: consisting of 3 months’ notice pay (£19,500) plus an ex gratia sum equivalent to 1 months’ salary (£6,500)
  • Final settlement agreement amount: 45,500: consisting of the 3 months’ notice pay (£19,500) plus an ex gratia sum equivalent to 4 months’ salary (£26,000)
  • Increase in settlement amount achieved: £19,500
  • In addition to the settlement amount, the employer also agreed to contribute £1,000 towards the employee’s legal fees.
  • Final fee billed from Monaco Solicitors to Mr Fields: £1,925 (comprising of 15% of the increase of £19,500 ((being £2,925 inclusive of VAT)) minus £1,000 which was paid by the employer towards legal fees).

Hear from the client and our lawyer

What the client said:

I realise that I have only been employed by the company for a little over two years; however, within that short space of time I have undertaken a role that is both demanding on my time and on my professional skills. Because a colleague decided that he no longer wished to work for the company and left without working his notice, I was asked to fulfil both significant aspects of his role in addition to my own while the company considered its options regarding recruitment.

As my own role was at the level of senior management, and therefore was around fifty hours per week, undertaking a second role at the same time not only impacted upon my performance in my substantive role, but also began to take an intolerable strain on my health. I found myself working up to seventy or even eighty hours per week. The company failed to recruit an additional employee for a significant amount of time, which in turn led to an episode of work-related stress in mid-2015. I alerted my employer to this; however, the situation did not change and led to me taking sick leave due to stress in the autumn of 2015. Upon my return it was promised to me that my workload would be alleviated, but this was not immediate and by the spring and summer of 2016 my workload had increased once again to intolerable levels putting a significant strain on my health and family.

I was asked to attend a without prejudice meeting and was made an offer to leave despite not having had any negative performance reviews and my having taken on significant extra responsibilities. I was made an offer of £26,000 to terminate my employment, which was mainly made up of my notice and an ex gratia element of one months’ pay.”

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Lawyers initial thoughts:

“Because Mr Fields had reached having two years’ service in 2016 he was in an impossible position prior to having reached this point, despite the unreasonable increase in his workload and the strain on his health. Had Mr Fields been employed for at least 2 years when he suffered the symptoms of severe stress in March 2015, he would have had a case for constructive dismissal; however, that right is only available to employees who have worked for two years or more for their employer.

At the time Mr Fields contacted me, his employer had not committed any breach of contract in the previous three months; therefore there was no obvious case of constructive dismissal. The without prejudice conversation he was asked to have was what is known as a protected conversation and therefore could not be established as a breach of contract.

Although Mr Fields suffered from stress, anxiety and quite possibly depression as well, only time he had taken off work had been over a year prior to his contacting me, there had not been a diagnosis of depression. It is arguable that he could be classed as disabled; however, there was no evidence that the company had treated him less-favourably due to a disability.

There is the possibility of a personal injury claim given the company’s failure to alleviate Mr Fields’ workload in time and the stress he has since suffered, although I do not think the case would be a winner.

I am therefore left without much of a case to argue if we were to make a claim in the employment tribunal, and any such claim any such case would probably fail. It is therefore my responsibility to ensure that the client maximises his settlement offer. The company has approached him and clearly wants to do a deal and the present level of settlement is not bad being three months’ notice and one months’ pay. That said there is always room for negotiation, it is simply how we manage to move the ex gratia payment from one months to three or four.

The decision was made to write to the employer, setting out the basics of Mr Fields’ treatment at the company’s hands over the last two years and to flag up potential claims Mr Fields may have, but not to be too direct or forceful given the offer on the table was not too bad to begin with. This strategy allows us to keep our powder dry for the follow up letter were our initial offer to be rebuffed. We decided to ask for six months’ gross salary plus notice, which was nine months’ gross salary. We also decided to ask the Company to pay the majority of Mr Fields’ legal fees given it was they who initiated this termination and also because they do not have to pay VAT on legal fees.”

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Chronology of case actions

02-02-2017

First letter to the Company from Monaco Solicitors on behalf of Employee

This letter set out a sequence of events without making specific allegations in an attempt to use the goodwill in existence between the parties to get a deal done. It particularly emphasises the company’s part in Mr Fields’ ill-health, its failings in that regard and also the consequential effects on Mr Fields’ ability to obtain alternative employment.

View Letter

Company X

FAO Ms A

[email address]

WITHOUT PREJUDICE

Dear Sirs,

02/02/17

RE: Our Client Mr Fields

We represent your employee Mr Fields in relation your recent offer of a settlement

agreement with the purpose of terminating Mr Fields employment.

We attach a sick note which was issued yesterday by Mr Fields G.P. confirming that he is suffering from depression; however, it is asserted that you, as Mr Fieldsemployer, had constructive knowledge of his condition for over a year.

In the late spring and summer of 2015, Mr Fields’ workload significantly increased. In

particular he was responsible for accounts in India and the USA placing him in the centre of two separate timezones. This meant that as well as being given additional work to do, long hours were inevitable every day.

In November 2015, Mr Fields took a weeks sick leave. The reason specified for Mr Fields absence was stress. Mr Fields returned after a week, but was in a clearly distressed state at work resulting in him being signed off sick for a further two weeks. Importantly, Mr Fields was then offered a course of counseling under the companys insurance policy from December 2015 until March 2017, and his additional workload was removed temporarily. In late January or early February 2017, Mr Fields met with HR Director Ms P and Mr B. During this meeting, Mr Fields was informed that his workload would begin to increase again over the following months back to the levels he experienced prior to his initial stressrelated absence. Mr Fields, in reply, informed both Ms P and Mr B that his counsellor had recommended him taking three months absent from work with a stressrelated illness. It is contended that nothing was said in reply to this comment. Indeed, further to this comment it is contended that the company has not made any enquiries into Me Fieldswellbeing, nor has it held welfare meetings to discuss his workload or how his workload was impacting upon his health, which was clearly in jeopardy.

During the period November 2015 to the present day Mr Fields has been prescribed antidepressants and sleeping pills in order to cope with depression and anxiety. The present situation Mr Fields finds himself in has increased the symptoms of his depression and anxiety and, regrettably, he now finds himself contemplating whether he is able to work for the foreseeable future because of mental health issues.

We make no accusations at this stage regarding responsibility for Mr Fields’ illness, or the acts or omissions of you, as his employer, over the past fifteen months. We believe that this would be unhelpful and hopefully unnecessary as Mr Fields recognises, reluctantly, that given recent events in the business both parties would be best served by reaching terms and parting ways. Nevertheless, M Field’ condition has a direct impact upon his ability to seek and obtain employment at the same level of status and remuneration he presently enjoys. He is therefore understandably nervous about agreeing to terminate his employment when his ability to work in the future is so uncertain.

We therefore propose the following by way of a termination package:

1. A termination date of 16 February with Mr Fields contractual benefits and holiday

pay being paid up until the termination date;

2. Mr Fields to receive three months PILON and a sum representing his accrued benefits, including his pension, during that period (to be calculated by the company);

3. A termination payment representing 6 months’ salary so that Mr Fields may take adequate respite and then seek employment in the new year without financial concerns that could further exacerbate his illness.

4. The company to pay Mr Fields’ legal fees of £1,500 plus VAT incurred in Mr Fields seekinadvice on his potential claims. 

There are some minor amendments to the proposed settlement agreement in terms of Mr Fields reference that we wish to make, however we do not believe these amendments to be contentious in any way and we will return to these when, hopefully, we have agreed the heads of terms.

Mr Fields believes that there is the will present on both sides to come to acceptable terms and wishes to leave the company with good relations maintained.

We look forward to hearing from you. Yours faithfully,

[signed Will Burrows]

Will Burrows

Monaco Solicitors

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09-02-2017

Reply letter from the Company to Monaco Solicitors

This was a disappointing step. The company, having admittedly made a reasonably generous offer, has decided to respond only to the parts of the initial letter they wish to deal with. The increase in the offer is extremely small and clearly not able to be accepted.

View Letter

Monaco Solicitors

24th Floor

The Shard

32 London Bridge Street

London

SE1 9SG

will.burrows@monacosolicitors.co.uk

9 February 2017 Without Prejudice

Dear Sirs,

Re: Mr Fields

Further to your letter of 2 February 2017 and the subsequent certificate of fitness for work for Mr Fields we have reviewed the points raised in your letter and would like to respond to some of the points you have raised. Mr Fields was employed as a Global Account Director and as such there should always have been an expectation that he would work across a number of time zones. In early 2015 his role did include the management of a major key client account which was demanding, but in line with the expectations of the role and level Mr Fields was employed at. As an employer we became aware in November 2015 that he had a number of major issues in his personal life that were causing him considerable concern and difficulty in performing and concentrating in his role. Once we became aware of these issues, and he returned to work following a period of sickness, his work load was immediately reduced in recognition of this. Following discussion with Mr Fields, his manager took over the management of the key client account and Mr Fields was left with managing the less demanding clients. This has remained the case to date.

As you mention he was signed off sick 4 November for 6 days and again 18 November for 11 days, we ensured he has access to the counselling service through the company employee assistance program and over and above this funded a further 6 counselling sessions, however this was to support him in all the issues he was facing. In the work place his role and responsibilities has been considerably reduced to what we would expect to be delivered from a National Business Development Director. It should also be noted that until his most recent spell of sickness there have been no absences due to sickness since November 2015.

In relation to your proposals we would respond as follows:

  1. We can accept this proposal;
  2. We can accept this proposal subject to calculations;
  3. We have proposed one month’s termination payment;
  4. The legal fees seem high and as such we would propose an increase in fees to be paid of up to £1000.

Yours sincerely,

Ms P

HR Business Partner

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Our next steps

This was a disappointing response. The company, having admittedly made a reasonable offer, has decided to respond only to the parts of the initial letter they wish to deal with.

Our strategy must now adapt to events. Rather than treat our letter as a polite invitation to make an improved offer because the company has created this entire situation, the company has decided to stick to its guns. The goodwill which appeared to exist clearly does not extend to an increased settlement offer. We must therefore utilise all the information we have at our disposal to increase the offer and make strong allegations that the company has caused Mr Fields significant injuries due to its actions. This is the only way of achieving a result from this point.

13-02-2017

Second letter to the Company from Monaco Solicitors on behalf of Employee

This letter makes plain that the company was on notice that Mr Fields was struggling and did nothing about it, which is good evidence that they caused a psychiatric injury. It also alludes to the failure of the company to make reasonable adjustments and that this led to the company informing Mr Fields that he would be taken through a capability procedure.

Were this to happen, this would arguably be discrimination, given that the origins of the capability concerns are related to a potential disability. The letter is designed to cause alarm and alert the company to the realities of a claim if the case does not settle. In reality, a tribunal claim would be difficult to prove in this case.

View Letter

Company X

FAO Ms P

[email address]

WITHOUT PREJUDICE

Dear Sirs, 

12/02/17

RE: Our Client Mr Fields

We are in receipt of your letter and subsequent emails.

The addition of a little over one thousand pounds to our client’s settlement monies has done nothing to assuage our client’s concerns regarding leaving employment and the points made in our first letter remain valid.

Turning to your letter, we note that you state that it was problems in our client’s personal life which, you allege, caused our client’s health problems in the summer and autumn of 2015. If you admit this (and for the record we do not accept that our client’s health problems were caused exclusively by issues in his personal life, rather we assert that they were caused or exacerbated or significantly contributed to by you as his employer) then we contend that you were on notice with regard to these problems by March 2015 at the latest when our client informed Mr B that his daughter had run away from home. Any reasonable employer being on notice of the extent of our client’s problems at home would be on notice that our client would be vulnerable to psychiatric injury himself whilst under such emotional strain.

Having been put on notice that our client was at risk of psychiatric injury, you owe a duty of care as our client’s employer to ensure his working conditions did not cause or contribute to an injury. Given you purposely significantly increased our client’s workload during the period April 2015 – November 2015, it is averred that you breached that duty of care and caused or significantly contributed to our client’s initial psychiatric injury in the autumn/winter of 2015.

Furthermore, you were put on notice of that injury itself by way our client being signed off sick in September, then engaging with a counsellor provided by you and, furthermore, by our client informing you in late-January/early-February 2016 that his counsellor had recommended a three month period absent from work because of that injury.

As we referred to in our previous letter, you simply ignored our client in regard to the latter notification. Because you ignored our client and failed to engage with his welfare needs, he felt unable to take the sick leave necessary to recuperate and worked through his illness. Ultimately, this has been extremely detrimental to his health.

We further note that you admit in your letter that you have been reducing our client’s

workload to that of what would be expected of an employee in his position. One can

therefore assume that the workload was previously too high and our client was expected to perform over and above what would be expected of an employee in his position, and that this expectation was in spite of you admitting that you were on notice of his vulnerability to psychiatric injury. We are aware that this expectation continues to this day.

Furthermore, we remind you of your duty to our client under the Equality Act 2010 as it relates to disability and in particular reasonable adjustments. Our client is suffering from depression and has been for a period of time. You have constructive knowledge of that disability because, inter alia, of the events highlighted above and in our previous letter. That duty has therefore existed for a significant period of time, therefore it is contended that there has been no attempt to engage with your responsibilities under the Equality Act in this regard.

Further still, any capability procedures you wish to impose upon our client will, first, be tainted with discrimination arising from previous failures to make reasonable adjustments and, second, be subject to reasonable adjustments themselves. Therefore, if you wish to engage our client in capability procedures if and when he is well enough to attend work, you will have to make a wide range of adjustments to his role and to his working environment to comply with your obligations under the Equality Act in order for the process to be free of discrimination.

One reasonable adjustment would be, for example, to allow our client more time to complete the capability procedures given his illness. We are sure that you are aware that any dismissal following a failure to make reasonable adjustments would be discriminatory, automatically unfair and lead to a claim for direct disability discrimination and unfair dismissal in the Employment Tribunal.

Therefore, using your previous proposal as a platform for further negotiation, we respectfully submit that if you are requiring our client to relinquish his employment with you and forgo a lengthy period of capability procedures (before which there will be a significant period during which you will have to consider reasonable adjustments for our client), waive his rights in the employment tribunal and state that he doesn’t know of any facts that may give rise to a personal injury claim, you will need to make that requirement attractive to him. Therefore, you will need to significantly increase the ex gratia payment presently on offer to a figure close to the sum of six months gross pay we proposed in our initial letter.

[signed Will Burrows]

Will Burrows

Monaco Solicitors

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14-02-2017

Second letter from the Company to Monaco Solicitors

This is the place I intend almost all my negotiations to end up: the company reviewing the matter, understanding that its position is as not as strong as it first considered and that there is risk attached to this process which needs to be mitigated against by ensuring the employee is offered a reasonable sum of money to compromise their claims. A company will very rarely admit it is either in the wrong or at any serious risk, but this is not the aim of a negotiation. The aim is to achieve a result which is acceptable to both parties. The agreement to the payment of a proportion of legal fees is also a good result as this means that the client will not have to pay for a significant proportion of his fees out of his settlement monies.

View Letter

[Company X Logo]

To:

Monaco Solicitors

24th Floor The Shard

32 London Bridge

London

SE1 9SG

will.burrows@monacosolicitors.co.uk

14 February 2017

Without Prejudice

Dear Sirs,

Re: Mr Fields

We write further to you letter dated 12 February 2017. We note your comments and thank you for the detailed commentary, although, we would strongly dispute your assumptions and allegations.

However, in the interests of settling this matter we would be willing to increase the ex gratia termination payment to £26,000, equivalent four months’ salary, in addition to the 3 months notice payment (£19,500) and an increase in legal fees to £1000. We attach an updated settlement agreement reflecting.

We look forward to hearing from you.

Yours sincerely,

Ms P

HR Business Partner

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15-02-2017

Final Settlement Agreement Received

At this stage, and given the weaknesses in the client’s case, we advised him to accept the revised offer from the employer. If you would like to see the settlement agreement itself, there is a copy on our website in the case studies section (it was too long to reproduce here).

View Settlement Agreement

DATED

15/02/17

SETTLEMENT AGREEMENT

between

Company X

and

Mr Fields

THIS AGREEMENT is dated 15 February 2017

PARTIES

  1. Company X incorporated and registered in England and Wales with company number XXXXX whose registered office is at [address of Company] (Company).

  1. Mr Fields of [Mr Fields address] (Employee).

BACKGROUND

(A) The Employee is employed by the Company from 8 November 2014, most recently as National Business Development Directorunder a contract dated 5 August 2014.

    1. The Employee’s employment with the Company shall terminate on 16 February 2017.

    2. The parties have entered into this agreement to record a11d implement the terms on which they have agreed to settle any claims that the Employee has or may have in connection with his employment or Its termination or otherwise against any Group Company (as defined below) or their officers or employees whether or not those claims are, or could be, in the contemplation of the parties at the lime of signing this agreement; and including, in particular, the statutory complaints that the Employee raises in this agreement.

    3. The parties intend this agreement to be an effective waiver of any such claims and to satisfy the conditions relating to settlement agreements and compromise contracts in the relevant legislation.

    4. The Company enters Into this agreement for itself and as agent and trustee for all Group Companies and it is authorised to do so. It is the parties’ intention that each Group Company should be able to enforce any rights it has under this agreement, subject to and in accordance with the Contracts (Rights of Third Parties) Act 1999.

AGREED TERMS

  1. INTERPRETATION

The following definitions and rules of interpretation apply in this agreement.

    1. Definitions:

Adviser: Will Burrows of Monaco Solicitors.

Board: the board of directors of the Company (including any committee of the board duly appointed by ii).

Confidential Information: information in whatever form (including, without limitation, in written, oral, visual or electronic form or on any magnetic or optical disk or memory and wherever located) relating to the business, products, affairs and finances of any Group Company for the time being

confidential to any Group Company and trade secrets including, without limitation, technical data and know-how relating to the business of any Group Company or any of their suppliers, clients, customers, agents, distributors, shareholders or management, including (but not limited to) information that the Employee created, developed, received or obtained in connection with his employment, whether or not such information (if in anything other than oral

form) is marked confidential.

Copies: copies or records of any Confidential Information in whatever form (including, without limitation, in written, oral, visual or electronic form or on any magnetic or optical disk or memory and wherever located) including, without limitation, extracts, analysis, studies, plans, compilations or any other way of representing or recording and recalling information which contains, reflects or is derived or generated from Confidential Information.

Group Company: the Company, its subsidiaries ,or holding companies from time to time and any subsidiary of any holding company from time to time.

Holding company: has the meaning given in clause 1.7.

Subsidiary: has the meaning in clause 1.7.

Reaffirmation Letter: the letter agreement to be entered into by the parties pursuant to clause 21 in the form set out at Schedule 5, under which the Employee reaffirms certain provisions of this agreement on or after the

Termination Date.

    1. The headings in this agreement are inserted for convenience only and shall not affect its construction:

    2. A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.

    1. Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.

    2. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.

    3. The Schedules shall form part of this agreement and shall have effect as if set out In full in the body of this agreement. Any reference to this agreement

includes the Schedules.

    1. A reference to a holding company or a subsidiary means a holding company or a subsidiary (as the case may be) as defined in section 1159 of the Companies Act 2006 and a company shall be treated, for the purposes only of the membership requirement contained in sections 1159(1)(b) and (c), asa member of another company even if its shares in that other company are

registered in the name of (a) another person (or its nominee), whether by way of security or in connection with the taking of security, or (b) as a nominee.

  1. TERMINATION

    1. The Employee’s employment with the Company shall terminate on 16 February 2017 (Termination Date).

    1. The Company shall pay the Employee his salary up to the Termination Date in the usual way. The Company shall deduct from the final salary payment any outstanding sums due from the Employee to any Group Company.

    1. The Company shall continue to provide benefits to the Employee in the usual way up to the Termination Date.

    1. The Company shall make a payment to the Employee in respect of any days’ outstanding holiday, up to and including the Termination Date.

    1. The Company shall make a payment to the Employee in lieu of 3 months’ notice pursuant to the Employment Contract.

    1. The payments and benefits in this clause 2 shall be subject to the income tax and National Insurance contributions that the Company is obliged by law to pay or deduct.

    1. The Employee shall submit on or before the Termination Date his expenses claims in the usual way and the Company shall reimburse the Employee for any expenses properly incurred before the Termination Date in the usual way. Any expenditure on his Company credit card which was not properly incurred by him on the Company’s business or for which he cannot produce appropriate receipts will be deducted from the final salary payment.

  1. TERMINATION PAYMENT

    1. Subject to and conditional on the Employee complying with the terms of this agreement, including, without limitation clause 21, the Company shall within 14 days of the Termination Date or receipt by the Company of a copy of this agreement signed by the Employee, a copy of the Reaffirmation Letter signed by the Employee and both a letter from the Adviser dated today’s date and a letter from the Adviser dated on or soon after the Termination Date in the form as set out in Schedule 3, whichever is later, pay to the Employee by way of compensation for the termination of his employment £35,042.81 (Termination Payment).

    1. The Company and the Employee believe that the first £30,000 of the Termination Payment will be tax free. The Employee shall be responsible for any further tax and employee’s National Insurance contributions due in

respect of the Termination Payment and shall indemnify the Company in respect of such liability in accordance with clause 7.1

4, PENSION

The Company shall notify the trustees or administrators of the [X] Pension Scheme (Pension Scheme) that the Employee’s employment will terminate and request written confirmation of the Employee’s accrued entitlement under the Pension Scheme and request that the options available for dealing with his entitlement are sent to the Employee.

  1. LEGAL FEES

The Company shall pay the reasonable legal fees (up to a maximum of £1000 plusVAT) incurred by the Employee In obtaining advice.on the termination of his employment and the terms of this agreement, such fees to be payable to the Adviser on production of an invoice.

  1. WAIVER OF CLAIMS

    1. The Employee agrees that the terms of this agreement are offered by the Company without any admission Of Uability on the part of the Company and are in full and final settlement of all and any claims or rights of action that the Employee has or may have against any Group Company or its officers or employees whether arising out of his employment with the Company or its termination or from events occurring after this agreement has been entered into, whether under common law, contract, statute or otherwise, whether such claims are, or could be, known to the parties or in their contemplation at the date of this agreement in any jurisdiction and including, but not limited to, the claim[s] specified in Schedule 2 (each of which is waived by this clause).

    1. The waiver in clause 6.1 shall not apply to any claims by the Employee to enforce this agreement;

6:3 The Employee warrants that

      1. before entering Into this agreement he received independent advice from the Adviser as to the terms and effect of this agreement and, in particular, on its effect on his ability to pursue any complaint before an employment tribunal or other court;

      2. the Adviser has confirmed to the Employee that they are a solicitor holding a current practising certificate and that there is In force a policy of insurance covering the risk of a claim by the Employee in respect of any loss arising In consequence of their advice;

      3. the Adviser shall sign and deliver to the Company a letter in the form attached as Schedule 3 to this agreement; before receiving !he advice the Employee disclosed lo the Adviser all facts and circumstances that may give rise to a claim by the Employee against any Group Company or its officers or employees;

      4. the only claims that the Employee has or may have against any Group Company or its officers or employees (whether at the time of entering into this agreement or in !he future) relating to his employment with the Company or its termination are specified in clause 6.1; and.

      5. the Employee is not aware of any facts or circumstances that may give rise to any claim against any Group Company or its officers or employees other than those claims specified in clause 6.1.

The Employee acknowledges that the Company acted in reliance on these warranties when entering into this agreement.

    1. The Employee acknowledges that the conditions relating to settlement agreements and compromise contracts under section 147(3) of the Equality Act 2010, section 77(4A) of the Sex Discrimination Act1975 (in relation to claims under that Act and the Equal Pay Act 1970), section 72(4A) of the Race Relations Act 1976, paragraph 2 of Schedule 3A to the Disability Discrimination Act 1995, paragraph 2(2) of Schedule 4 to the Employment Equality (Sexual Orientation) Regulations 2003, paragraph 2(2) of Schedule 4 to the Employment Equality (Religion or Belief) Regulations 2003, paragraph 2(2) of Schedule 5 to the Employment Equality (Age) Regulations 2006,] section 288(2B) Of the Trade Union and Labour Relations (Consolidation) Act 1992, section 203(3) of the Employment Rights Act 1996, regulation 35(3) of the Working Time Regulations 1998, section 49(4) of the National Minimum Wage Act 1998, regulation 41(4) of the Transnational Information and Consultation etc. Regulations 1999, 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 40(4) of the Information and Consultation of Employees Regulations 2004, paragraph 13 of the Schedule to the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006, regulation 62 of the Companies (Cross Border Mergers) Regulations 2007 and section 58 of the Pensions Act 2008 have been satisfied.

    1. The waiver In clause 6.1 shall have effect irrespective of whether or not, at the date of this agreement, the Employee is or could be aware of such claims or have such claims in his express contemplation (Including such claims of which the Employee becomes aware after the date of this agreement in whole or in part as a result of new legislation or the development of common law or equity).

    2. The Employee agrees that, except for the payments and benefits provided for in this agreement, and subject to the waiver in clause 6.1, he shall not be eligible for any further payment from any Group Company relating to his employment or its termination and without limitation to the generality of the foregoing, he expressly waives any right or claim that he has or may have to payment of bonuses, any benefit or award programme, under any share plan operated by any Group Company or any stand-alone share incentive arrangement, or to any other benefit, payment or award he may have received had his employment not terminated.

7, EMPLOYEE INDEMNITIES

    1. The Employee shall indemnify the Company on a continuing basis in respect of any income tax or National Insurance contributions (save for employers’ National Insurance contributions) due in respect of the payments and benefits in clause 3.1 (and any related interest, penalties, costs and expenses). The Company shall give the Employee reasonable notice of any demand for tax

which may lead to liabilities on the Employee under this indemnity and shall provide him with reasonable access lb any documentation he may reasonably require to dispute such a claim (provided that nothing in this clause shall prevent the Company from complying with its legal obligations with regard to

HM Revenue and Customs or other competent body).

    1. [If the Employee breaches any material provision of this agreement or pursues a claim against any Group Company arising out of his employment or its termination other than those excluded under clause 6, he agrees to indemnify the Company for any losses suffered as a result thereof, including all reasonable legal and professional fees incurred.

  1. COMPANY PROPERTY AND INFORMATION

    1. The Employee shall, before the Termination Date, return to Catherine Carroll:

      1. all Confidential Information and Copies;

{b) all property belonging to the Company in satisfactory condition including (but not limited to) any car (together with the keys and all documentation relating to the car), fuel card, company credit card, keys, security pass, identity badge, mobile telephone, pager, lap-top computer or fax machine; and

(c) all documents and copies (whether written, printed, electronic, recorded or otherwise and wherever located) made. compiled or acquired by him during his employment with the Company or relating to the business or affairs of any Group Company or their business contacts,

in the Employee’s possession or under his control.

    1. The Employee shall, before the Termination Date, erase irretrievably any information relating to the business or affairs of any Group Company or its business contacts from computer and communications systems and devices owned or used by him outside the premises of the Company, including such systems and data storage services provided by third parties (to the extent technically practicable).

    1. The Employee shall, if requested to do so by the Company, provide a signed statement that he has complied fully with his obligations under clause 8.1 and clause 8.2 and shall provide it with such reasonable evidence of compliance as may be requested.

  1. EMPLOYEE WARRANTIES AND ACKNOWLEDGMENTS

    1. As at the date of this agreement, the Employee warrants and represents to the Company that there are no circumstances. of which the .Employee is aware or at which the Employee ought reasonably to be aware that would amount to a repudiatory breach by the Employee of any express or implied term of the Employee’s contract of employment that would entitle (or would have entitled) the Company to terminate the Employee’s employment without notice or payment in lieu of notice and, my payment to the Employee pursuant to clause 3 and any payment in lieu of notice is conditional on this being so.

    1. As at the date of this agreement, the Employee warrants and represents to the Company that he has not received or accepted any offer which will provide him with any form of income or benefits at any time after the Termination Date and any payment to the Employee pursuant to clause 3 are conditional on this being so.

    1. The Employee agrees to make himself available to, and to fully cooperate with, the Company or its advisers in any internal investigation or administrative, regulatory, judicial or quasi-judicial proceedings. The Employee acknowledges that this could involve, but is not limited to, responding to or defending any regulatory or legal process, providing information in relation to any such process, preparing witness statements and giving evidence in person on behalf of the Company. The Company shall reimburse any reasonable expenses incurred by the Employee as a consequence of complying with his obligations under this clause, provided that such expenses are approved in advance by the Company.

    1. The Employee acknowledges that he is not entitled to any compensation for the loss of any rights or benefits under any bonus plan, benefit or award programme, share plan operated by any Group Company or any stand-alone share incentive arrangement, or for loss of any other benefit, payment or award he may have received had his employment not terminated other than the payments and benefits provided for in this agreement.

  1. REFERENCE

On receipt of a written request from a potential employer, the Company shall provide a reference in the form set out in Schedule 1 to this agreement. If the Company obtains information after the date of this agreement which would have affected its decision to provide a reference in the form in Schedule 1, it shall inform the Employee and may decline to give a reference.

  1. WORKING NOTICE PERIOD AND GARDEN LEAVE

    1. During the remainder of the Employee’s employment the Employer and shall comply with the (express and implied) terms of his,employment with the Company including, but not limited to, the terms set out in the employment agreement between the Employer and the Employee and amendments of such (collectively the “Employment Contract”).

    1. The Employee agrees t hat during the remainder of his employment with the the Company he will co-operate promptly and efficiently with a meaningful handover and transfer of knowledge, documentation and similar and will comply promptly with all reasonably. instructions of the Company in this regard.

    1. Between the date of this Agreement and the Termination Date, the Employer may at its sole discretion place the Employee on garden leave (“Garden Leave”).

    1. During Garden Leave the Company shall be under no obligation to provide any work to; or vest any powers in, the Employee, who shall have no right to perform any services for the Company or any Group Company.

    1. Notwithstanding clause 11, the Company may at its discretion require the Employee to perform duties (that could be required under the employment contract) at any time during the Garden Leave, which duties may be withdrawn at any time at the Company’s discretion.

    1. During the period of Garden Leave the Employee shall:

      1. continue to receive his salary and all contractual benefits in the usual way (subject to the rules of the relevant benefit schemes in force from time to time). The Company will declare these benefits to HM Revenue and Customs at the appropriate time and the Employee will be liable for any further tax or National Insurance contributions due in relation to them;

      2. remain an employee of the Company and bound by the terms of his employment contract, save as modified by this clause 11;

      3. not, without the prior written consent of Ms C, attend his place of work or any other premises of the Company or any Group Company or access the information technology systems of the Company or any Group Company;

      4. not, without the prior written consent of Ms C contact or deal with (or attempt to contact or deal with) any officer, employee, consultant, client, customer, supplier, agent, distributor, shareholder, adviser or other business contact of the Company or any Group Company;

      5. be deemed to take any accrued but unused holiday entitlement; and

      6. (except during any periods taken as holiday in accordance with the Company’s usual procedures) be ready and available to perform such duties as the Company may require under clause 11.5, ensuring that Ms C knows where. and how he can be contacted during each working day and complying with any written requests to contact a specified employee of the Company at specified intervals.

  1. EARLY TERMINATION

    1. Nothing in this Agreement shall prevent the Company from terminating the Employee’s employment summarily after the date of this Agreement if the Employee commits an act of gross misconduct. In the event that the Employee’s employment is terminated pursuant to this clause, the Employee shall not be entitled to the Termination Payment, any payment in lieu of notice, bonus payment or any other payment or benefit and the Termination Date shall he the date that the Employee’s employment is terminated by the Employer.

  1. RESTRICTIVE COVENANTS

    1. Notwithstanding clause 15, the Employee acknowledges that the post­ termination restrictions in clause 24 of his Employment Contract will continue lo apply after the Termination Date save that the period of each will be reduced by the period that he spends on Garden Leave.

  1. CONFIDENTIALITY AND ANNOUNCEMENTS

    1. The Employee acknowledges that, as a result of his employment as Global Account Director, he has had access to Confidential Information. Without prejudice to his common law duties, the Employee shall not (except as

authorised or required by law or as authorised by the Company) at any time after the Termination Date:

      1. use any Confidential Information; or

      2. make or use any Copies; or

      3. disclose any Confidential Information to any person, company or other organisation whatsoever.

    1. The restrictions in clause 14.1 do not apply to any Confidential Information which is in or comes into the public domain other than through the Employee’s unauthorised disclosure.

    1. The Employee and the Company confirm that they have kept and agree to keep the existence and terms of this agreement and the circumstances concerning the termination of the Employee’s employment confidential, except where such disclosure is to HM Revenue & Customs, required by law

or (where necessary or appropriate) to:

      1. the Employee’s spouse, civil partner or partner, immediate family or legal or professional advisers, provided that they agree to keep the information confidential; or

      2. the Employee’s insurer for the purposes of processing a claim for loss of employment; or

      3. [the Employee’s recruitment consultant or prospective employer to the extent necessary to discuss his employment history.

    1. The Company may also disclose the existence and terms of this agreement to the Company’s officers, employees or legal or professional advisers, provided that they agree to keep the information confidential.

    1. The Company will make an announcement on the Termination Date In the form set out in Schedule 4 and neither party will make any statement to third parties (save as specified in clause 14.3) which is inconsistent with that announcement.

    1. The employee shall not make any adverse or derogatory comment about the Company, its directors or employees and the Company shall use reasonable endeavors to ensure that its employees and omcers shall not make any adverse or derogatory comment about the Employee. The Employee shall not do anything which shall, or may, bring the Company, its directors or employees into disrepute and the Company shall use reasonable endeavors to ensure that its employees and officers shall not do anything that shall, or may, bring the Employee into disrepute.

    1. Nothing in this clause 14 shall prevent the Employee from making a protected disclosure under section 43A of the Employment Rights Act 1996 and nothing in this clause 14 shall prevent the Company from making such disclosure as it is required by law to make.

    1. The Company shall pay £100 to the Employee as consideration for his entering into the restrictions in this clause 14, such sum to be paid within 14 days of the Termination Date or receipt by the Company of a copy of this agreement signed by the Employee and receipt by the Company of a letter from the Adviser as set out in Schedule 3, whichever is later. The Company shall deduct income tax and National Insurance contributions from this sum.

15, ENTIRE AGREEMENT

    1. Each party on behalf of itself and, in the case of the Company, as agent for any Group Companies acknowledges and agrees with the other party (the Company acting on behalf of itself and as agent for each Group Company) that:

      1. this agreement constitutes the entire agreement between the parties and any Group Company and supersedes and extinguishes all agreements, promises, assurances, warranties, representations and understandings between them whether written or oral, relating to its subject matter;

      2. in entering into this agreement it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement; and

      3. it shall nave no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement In this agreement.

    1. Nothing in this agreement shall, however, operate to limit or exclude any liability for fraud.

  1. VARIATION

No variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

  1. THIRD PARTY RIGHTS

Except as expressly provided elsewhere in this agreement, no person other than the Employee and any Group Company shall have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This does not affect any right or remedy of a third party which exists, or is available, apart from that Act.

  1. GOVERNING LAW

This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

19, JURISDICTION

Each party irrevocably agrees that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute, claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

  1. SUBJECT TO CONTRACT AND WITHOUT PREJUDICE

This agreement shall be deemed to be without prejudice and subject to contract until such time as it is signed by both parties and dated, when it shall be treated as an open document evidencing a binding agreement.

  1. REAFFIRMATION

    1. On or shortly after the Termination Date, the Employee shall sign and date the Reaffirmation Letter and shall ensure that the Adviser (or another relevant independent adviser within the meaning of the legislation set out at clause 6.4) signs and dates a letter in the form set out in Schedule 3.

    1. The Employe s obligations under this agreement (except under clause 2, clause 11 and clause 13.1) are conditional on the Employer receiving the letters referred to in clause 21.1 duly signed and dated within 5 days of the Termination Date.

22, COUNTERPARTS

This agreement may be executed [and delivered] in any number of counterparts, each of which, when executed, shall constitute a duplicate original, but all the counterparts shall together constitute the one agreement.

This agreement has been entered into on the date stated at the beginning of it.

Schedule 1 Reference

PRIVATE AND CONFIDENTIAL

[DATE]

Dear [insert name]

Mr Fields

I confirm that Mr Fields was employed by Company X which is a Company within the X Group from 8 November 2014 until 16 February 2017.

Mr Fields was employed on a full time basis as a National Business Development Director and left the company by mutual consent.

This reference is given to the addressee in strict confidence and only for the purposes for which it was requested. It is given in good faith, but the writer nor Company X or any company within the X Group its officers or employees accept any responsibility or liability for any loss or damage caused to the addressee or any third party as a result of any reliance being placed on it.

Yours faithfully, HR

Schedule 2 Claims

  1. for breach of contract or wrongful dismissal;

  2. for unfair dismissal, under section 111 of the Employment Rights Act 1996;

  3. in relation to the right to a written statement of reasons for dismissal,

under section 93 of the Employment Rights Act 1996;

  1. for a statutory redundancy payment, under section 163 of he Employment Rights Act 1996;

  2. in relation to an unlawful deduction from wages cir unlawful payment, under section 23 of the Employment Rights Act 1996;

  3. for unlawful detriment, under section48 of the Employment Rights Act 1996 or section 56 of the Pensions Act 2008;

  4. in relation to written employment particulars and itemised pay statements, under section 11 of the Employment Rights Act 1996;

  5. in relation to guarantee payments, under section 34 of the Employment Rights Act 1996;

  6. in relation to suspension from work, under section 70 of the Employment Rights Act 1996;

U) in relation to parental leave, under section 80 of the Employment Rights Act 1996;

  1. in relation to a request for flexible working, under section 80H of the

Employment Rights Act 1996;

    1. in relation to time off work, under sections 51, 54, 57, 57B, 57ZC, 57ZF, 57ZH, 57ZM, 57ZQ, 60, 63 and 63C oflhe Employment Rights

Act 1996;

  1. in relation to working time or holiday pay, under regulation 30 of the Working Time Regulations 1998;

  2. in relation to the national minimum wage, under sections 11, 18, 19D and 24 of the National Minimum Wage Act 1998;

  3. for equal pay or equality of terms under sections 120 and 127 of the Equality Act 2010 and/or section 2 of the Equal Pay Act 1970;

  4. for pregnancy or maternity discrimination, direct or indirect discrimination, harassment or victimisation related to sex, marital or civil partnership status, pregnancy or maternity or gender reassignment under section 120 of the Equality Act 2010 and/or direct or indirect discriminallon, harassment or victimisation related to sex, marital or civil partnership status, gender reassignment, pregnancy or maternity under section 63 of lhe Sex Discrimination Act 1975;

  5. for direct or indirect discrimination, harassment or victimisation related to race under section 120 of the Equality Act 2010 and/or direct or indirect discrimination, harassment or victimisation related to race, colour, nationality or ethnic or national origin, under section 54 of the Race Relations Act 1976;

  6. for direct or indirect discrimination, harassment or victimisation related to disability, discrimination arising from disability, or failure to make adjustments under section 120 of the Equality Act 2010 and/or direct discrimination, harassment or victimisation related to disability, disability-related discrimination or failure to mal<.e adjustments under section 17A of the Disability Discrimination Act 1995;

  7. for direct or indirect discrimination, harassment or victimisation related to religion or belief under section 120 of the Equality Act 2010 and/or under regulation 28 of the Employment EquaJity (Religion or Belief) Regulations 2003;

  8. for direct or indirect discrimination, ha.rassment or victimisation related to sexual orientation, under section 120 of the Equality Act 2010 and/or under regulation 28 of the Employment Equality (Sexual Orientation) Regulations 2003;

  9. for direct or indirect discrimination, harassment or victimisation related to age, under section 120 of the Equality Act 2010 and/or under regulation 36 oftt,e Employment Equality (Age) Regulations 2006;

  10. for less favourable treatment on the grounds of part-time status, under r!lgulation 8 of the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000;

  11. for less favourable treatment on the grounds of fixed-term status, under regulation 7 of the Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002;

  12. under regulations 27 and 32 of the Transnational Information and Consultation of Employees Regulations 1999;

  13. under regulations 29 and 33 of the Information and Consultation of Employees Regulations 2004;

  14. under regulations 45 and 51 of the Companies (Cross-Border Mergers) Regulations 2007;

(aa) under paragraphs 4 and 8 of the Schedule to the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006;

(bb) under sections 68A, 87, 137, 145A, 1458, 146, 168, 168A, 169, 170,

174 and 192 of the Trade Union and Labour Relations (Consolidation) Act 1992;

(cc) in relation to the obligations to elect appropriate representatives or any entitlement to compensation, under the Transfer of Undertakings (Protection of Employment) Regulations 2006;

(dd) in relation to the right to be accompanied under section 11 of the Employment Relations Act 1999;

(ee) in relation to refusal of employment, refusal of employment agency services and detriment under regulations 5, 6 and 9 of the Employment Relations Act 1999 (Blacklists) Regulations 2010;

(ff) in relation to the right to request time off for study or training under section 631 of the Employment Rights Act 1996; and

(gg) in relation to the right to equal treatment, access to collective facilities and amenities, access to employment vacancies and the right not to be subjected to a detriment under regulations 5, 12, 13 and 17(2) of the Agency Workers Regulations 2010.

(hh) in relation to personal injury, whether or not the Employee is aware or ought reasonably to be aware of such claims at the date of this

agreement;

  1. for harassment under the Protection from Harassment Act 1997;

Gil for failure to comply with obligations under the Human Rights Act 1998;

(kk) for failure to comply with obligations under the Data Protection Act 1998;

    1. arising as a consequence of the United Kingdom’s membership of the European Union; and

(mm) in relation to the right not to be subjected to a detriment under regulation 3 of the Exclusivity Terms in Zero Hours Contracts

(Redress) Regulations 2015.

Schedule 3 Adviser’s certificate

[ON HEADED NOTEPAPER OF ADVISER]

For the attention of [DETAILS] [DATE]

Dear Sirs,

I am writing in connection with the agreement between my client, [NAME], and [NAME OF COMPANY] (Company) [of today’s date OR dated [DATE]] (Agreement) [and the reaffirmation letter signed by those parties dated [DATE] (Reaffirmation

Letter)] to confirm that:

  1. I, [NAME] of [FIRM], whose address is [ADDRESS], am [a Solicitor of the Senior Courts of England and Wales who holds a current practising certificate.

  1. I have given [NAME] legal advice on the terms and effect of the Agreement and the Reaffirmation Letter and, in particular, their effect on his ability to pursue the claims specified in Schedule 2 of the Agreement.

  1. I gave the advice to [NAME] as a relevant independent adviser within the meaning of the above acts and regulations referred to at clause 6.4.

  1. There is now in force (and was in force <1t the time I gave the advice referred to above) a policy of insurance or an indemnity provided for members of a profession or professional body covering the risk of claim by [NAME] in respect of loss arising in

consequence of the advice I have given him. Yours faithfully,

[NAME OF ADVISER]

[DATE]

Schedule 4 Announcement

I am writing to advise you that Mr Fields, National Business Development Director, is leaving the business on 16 February to pursue other interests.

We are all sorry to see Mr Fields leave, and we wish him well for the future.

Schedule 5 Reaffirmation letter

[ON HEADED NOTEPAPER OF EMPLOYER]

[ADDRESSEE) [ADDRESS LINE 1]

[ADDRESS LINE 2) [POSTCODE]

[DATE]

Dear [EMPLOYEE’S NAME],

Reaffirmation Letter

I am writing in connection with lhe settlement agreement between Company X (Ltd Company) and you dated [DATED] (Agreement). This is the Reaffirmation Letter referred to at clause 21 of the Agreement.

Defined terms have the same meaning when used in this Reaffirmation Letter as in the Agreement.

In consideration of the Company paying the Termination Payment to you in accordance with the terms of the Agreement, you expressly agree the following:

WAIVER OF CLAIMS

You agree that the terms of the Agreement are offered by the Company without an admission of liability on the part of the Company and are in full and final settlement of all and any claims or rights of action that you have or may have against any Group Company or its officers or employees whether arising out of your employment with the Company or its termination or from events occurring after the Agreement was entered into, whether under common law, contract, statute or otherwise, whether such claims are, or could be, known to or in the contemplation of the Company or you at today’s date in any jurisdiction and including, but not limited to , the claims(s) specified in Schedule 2 (each of which of which is hereby intimated and waived).

The waiver in Paragraph 6.1 shall not apply to any claims that may have to enforce the Agreement:

You warrant that:

before entering into this Reaffirmation Letter you received independent advice from Will Burrows of Monaco Solicitors, 24th Floor, The Shard, 32 London Bridge, SE1 9SG (the Adviser) as to the terms and effect of this reaffirmation letter and, in particular, on its effect on your ability to pursue any complaint before an employment tribunal or other court;

the Adviser has confirmed to you that they are a solicitor holding a current practising certificate and that there is in force a policy of insurance covering the risk of a claim by you in respect of any loss arising in consequence of their advice;

the Adviser shall sign and deliver to the Company a letter In the form attached as Schedule [3] to the Agreement;

before receiving the advice you disclosed to the Adviser all facts and circumstances that may give rise to a claim by you against any Group Company or Its officers or employees;

the only claims that you have or may have against any Group Company] or its officers or employees (whether at the time of entering into this reaffirmation letter or in the future) relating to your employment with the Company or ils termination are specified in paragraph; and you are not aware of any facts or circumstances that may give rise to any claim against any Group Company] or its officers or employees other than those claims specified in paragraph 6.1.

You acknowledge that the Company acted in reliance on these warranties when entering into this Reaffirmation Letter.

You acknowledge that the conditions relating to settlement agreements (and compromise

contracts] under section 147(3) of the Equality Act 2010,[ section 77(4A) of

the Sex

Discrimination Act 1975 (in relation to claims under that Act and the Equal Pay Act 1 70),

Sl;lction 72(4A) of thlal Race Relations Act 1976, paragraph 2 of Schedule 3A

to the Disability

Discrimination Act 1995, paragraph 2(2) of Schedule 4 to the Employment Equality (Sexual

Orientation) Regulations 2003, paragraph 2(2) of Schedule 4 to the

Employment Equality (Religion or Belief) Regulations 2003, paragraph 2(2) of Schedule 5 to the Employment Equality (Age) Regulations 2006,] section 288(2B) of the Trade Union and Labour Relations (Consolidation) Act 1992, section 203(3) of the Employment Rights Act 1996, regulation 35(3) of the Working Time Regulations 1998, section 49(4) of the National Minimum Wage Act 1998, regulation 41(4) of the Transnational Information and Consultation etc. Regulations 1999, 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 40(4) of the Information and Consultation of Employees Regulations 2004, paragraph 13 of the Schedule to the Occupational and Personal Pension Schemes (Consultation by Employers

and Miscellaneous Amendment) Regulations 2006, regulation 62 of the Companies (Cross Border Mergers) Regulations 2007 and section 58 of the Pensions Act 2008 have been satisfied.

The waiver in paragraph 6.1 shall have effect irrespective of whether or not, at today’s date, you are or could be aware of such claims or have such claims in your express contemplation (including such claims of which you become aware after today’s date in whole or in part as a result of new legislation or the development of common law or equity).

You agree that, except for the payments and benefits provided for in the Agreement, and subject to the waiver in paragraph 6.1, you shall not be eligible for any further payment from any Group Company relating to your employment or its termination and without limitation to the generality of the foregoing, you expressly waive any right or claim that you have or may have to payment of bonuses, any benefit or award programme or grant of equity interest, or to any other benefit, payment or award you may have received had your employment not terminated or for any compensation for the loss of any such benefit, payment or award.

TRIBUNAL PROCEEDINGS

You agree that, immediately on execution of this Reaffirmation Letter, you shall notify the employment tribunal in writing that the claim[s] against the Company in case number [NUMBER] are withdrawn irrevocably having been settled by [the Agreement and] this Reaffirmation Letter, and should be dismissed. You .shall immediately send a copy of such notification to the Company for the attention of Sharon Palmer – HR Business Partner.

N1;1ither the Company or you shall make or pursue any application for costs, preparation time o/ Wasted costs in connection with [that claim OR those claims].

WARRANTIES AND ACKNOWLEOGEMENTS

As at the date of this Reaffirmation Letter, you warrant and represent to the Company that there are no circumstances of which you are aware or of which you ought reasonably to be aware that would amount to a repudiatory breach by you of any express or implied term of your contract of employment that would entitle (or would have entitled) lhe Company to terminate your employment wilhout notice or payment in lieu of notice and any payment to you pursuant to clause 3 of the Agreement and any payment in lieu of notice of the Agreement are conditional on this being so.

RESTRICTIVE COVENANTS AND CONFIDENTIALITY

Nolwilhstanding clause 19 of the Agreement, you acknowledge that [the post­ termination restrictions in clause 24 of your contract of employment with the Company dated 5 June 2014 will continue to apply after the Termination Date

and you agree to be bound by them.

You undertake and agree that you continue to be bound by the confidentiality obligations contained in clause 23 of the Agreement after the Termination

Date.

Yours sincerely

Mr Fields

Schedule Claims

(nn} for breach of contract or wrongful dismissal;

(oo} for unfair dismissal, under section 111 of the Employment Rights Act

1996;

(pp} in relation to the right to a written statement of reasons for dismissal, under section 93 of the Employment Rights Act 1996;

(qq} for a statutory redundancy payment, under section 163 of the Employment Rights Act 1996;

(rr) in relation to an unlawful deduction from wages or unlawful payment, under section 23 of the Employment Rights Act 191!6;

(ss} for unlawful detriment, under section 48 of the Employment Rights Act 1996 or section 56 of the Pensions Act 2008;

(ti} in relation to written employment particulars and itemised pay statements, under section 11 of the Employment Rights Act 1996;

(uu} in relation to guarantee payments, under section 34 of the Employment Rights Act 1996;

(w} in relation to suspension from work, under section 70 of the Employment Rights Act 1996;

(WW} in relation to parental leave, under section 80 of the Employment Rights Act 1996;

(xx} in relation to a request for flexible working, under section BOH of the Employment Rights Act 1996;

(yy} in relation to time off work, under sections 51, 54, 57, 578, 60, 63

and 63C of the Employment Rights Act 1996;

(zz} in relation to working time or holiday pay, under regulation 30 of the Working Time Regulations 1998;

(aaa) in relation to the national minimum wage, under sections 11, 18, 19D

and 24 of the National Minimum Wage Act 1998;

(bbb) for equal pay or equality of terms under sections 120 and 127 of the Equality Act 2010 and/or section 2 of the Equal Pay Act 1970;

(ccc} for pregnancy or maternity discrimination, direct or indirect discrimination, harassment or victimisation related to sex, marital or civil partnership status, pregnancy or maternity or gender reassignment under section 120 of the Equality Act 2010 and/or direct or indirect discrimination, harassment or victimisation related to sex, marital or civil partnership status, gender reassignment, pregnancy or maternity under section 63 of the Sex Discrimination Act 1975;

(ddd) for direct or indirect discrimination, harassment or victimisation related to race under section 120 of the Equality Act 2010 and/or direct or indirect discrimination, harassment or victimisation related to race, colour, nationality or ethnic or national origin, under section 54 of the Race Relations Act 1976;

(eee) for direct or indirect discrimination, harassment or victimisation related to disability, discrimination arising from disability, or failure to make adjustments under section 120 of the Equality Act 2010 and/or direct discrimination, harassment or victimisation related to disability, disability-related discrimination or failure to make adjustments under section 17A of the Disablllty Discrimination Act 1995;

(fff) for direct or indirect discrimination, harassment or victimisation related to religion or belief under section 120 of the Equality Act 2610 and/or under regulation 28 of the Employment Equality .(Religion or Belief) Regulations 2003;

(ggg) for direct or indirect discrimination, harassment or victimisation related to sexual orientation, under section 120 of the Equality Act 2010 and/or under regulation 28 of he Employment Equality (Sexual Orientation) Regulations 2003;

(hhh) for direct or indirect discrimination, harassment or victimisation related to age, under section 120 of the Equality Act 2010 and/or under regulation 36 of the Employment Equality (Age) Regulations 2006;

  1. in relation to the duty to ccnsider working beyond retirement, under paragraphs 11 and 12 of Schedule 6 to the Employment Equality (Age)Regulalions 2006;

Ujj) for less favourable treatment on the grounds of part-time status, und13r regµlation 8 of the Part-Time Workers (Prevention of Less favourable rreatment) Regulations 2000;

(kkk) for less favourable treatment on the grounds of fixed-term status, under regulation 7 of the Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002;

(Ill) under regulations 27 and 32 of the Transnational Information and Consultation etc. Regulations 1999;

(mmm) under regulations 29 and 33 of the Information and Consultation of Employees Regulations 2004;

(nnn) under regulations 45 and 51 of the Companies (Cross-Border Mergers) Regulations 2007;

(ooo) under paragraphs 4 and 8 of the Schedule to the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006;

(ppp) under sections 68A, 87, 137, 145A, 145B, 146, 168, 168A, 169, 170,

174 and 192 of the Trade Union and Labour Relations (Consolidation) Act 1992;

(qqq) in relation to the obligations to elect appropriate representatives or any entitlement to compensation, under the Transfer of Undertakings (Protection of Employment) Regulations 2006;

(rrr) in relation to the right to be accompanied under section 11 of the Employment Relations Act 1999;

(sss) in relation to refusal of employment, refusal of employment agency services and detriment under regulations 5, 6 and 9 of the Employment Relations Act 1999 (Blacklists) Regulations 2010;

{tit} in relation to the right to request time off for study or training under section 631 of the Employment Rights Act 1996;

(uuu) In relation to the right to equal treatment, access to collective facilities and amenities, access to employment vacancies and the right not to be subjected to a detriment under regulations 5, 12, 13 and 17(2) of the Agency Workers Regulations 2010;

(vw) in relation to personal injury[, whether or not the Employee is aware or ought reasonably to be aware of such. claims at the date of this agreement;

(www) for harassment under the Protection from Harassment Act 1997;

(xxx) for failure to comply with Obligations under the Human Rights Act 1998;

(yyy) for failure to comply with obligations under the Data Protection Act 1998;

(zzz) arising as a consequence of the United Kingdom’s membership of the. European Union.

Yours sincerely,

For and on behalf of Mr Fields

Date ………………………………………………..

Signed by Ms P HR Business Partner for and on behalf of Company X

Signed …………………………………..

Date…….………….

Close

Final outcome

The result of the approach taken by us was that an increase in the ex gratia element of £13,750 was achieved and that the company also paid £1,000 plus VAT towards legal fees.

Lawyers Analysis:

“The approach was correct in that the first letter dipped a toe in the water and attempted to utilise goodwill to achieve a result, whereas the second used all the firepower that we had available to pressure the employer into agreeing to significantly increase its offer.  I got the company to contribute significantly towards legal fees, because otherwise Mr Fields would have to pay tax on these fees given his settlement was over 30k. The company doesn’t have to pay tax on legal fees, so he benefited heavily from this strategy.”

Clients Reaction:

“I was extremely happy with the increased settlement package.”


Next steps

If you want to talk to us about your work situation, including your next steps and whether you deserve a better deal, just get in touch on 020 7717 5259 or request a free consultation, no obligation.