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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 46528
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Ben, my company was recently acquired by a larger company.

Customer Question

Ben, my company was recently acquired by a larger company. As part of the acquisition my job role has been made at risk of redundancy. I have not accepted any roles offered and both parties have agreed a settlement agreement with a view to me meeting an independent lawyer last Friday appointed by my employer followed by signing the agreement and leaving the same day. I was happy with the terms but did not get to see the lawyer as just prior to meeting my company advised they are stopping current processes as they have been served with an enforcement notice on the new company by the CMA which seeks t investigate the merger first. However, my employer has already signed the agreement before I have done so. As I am happy with the terms, can I force my employer to follow through and fulfill the terms of the settlement agreement ?
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Have you seen a solicitor yet about this agreement? Also was the agreement conditional on anything?
Customer: replied 1 year ago.
No I have not yet seen a solicitor as the one appointed by my company cancelled the meeting Friday. The agreement was cobditional on me adhering to my current employment contract restrictions after leaving. In my case however I have no non solicitation etc conditions and as such can work as normal in the same marketplace. I am happy with the terms, the key thing is whether the employer can withdraw the offer without my approval or can I force them to follow through as they have already signed it
Expert:  Ben Jones replied 1 year ago.
Thank you for your response, which I will now review. I will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 1 year ago.
Thanks for your patience. For a settlement agreement to be valid, certain legally required conditions must be met:
• The agreement must be in writing.
• The agreement must relate to a "particular complaint" or "particular proceedings"
• The employee must have received legal advice from a relevant independent adviser on the terms and effect of the proposed agreement and its effect on the employee's ability to pursue any rights before an employment tribunal.
• The independent adviser must have a current contract of insurance, or professional indemnity insurance, covering the risk of a claim against them by the employee in respect of the advice.
• The agreement must identify the adviser.
• The agreement must state that the conditions regulating settlement agreements under the relevant statutory provisions have been satisfied
You will see that to be legally binding you must have received independent legal advice first and if the meeting was cancelled and never went ahead then it would not have been legal. If in the meantime the employer withdrew their offer then that would be the end of the agreement until such time when both parties have agreed to it and the above conditions have been satisfied.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether you need further help or if I can close the question? Thank you
Customer: replied 1 year ago.
Close the question please. I met a lawyer today and pressed ahead with the settlement with the intention that as signed by both parties my employer needs to honour it.
Expert:  Ben Jones replied 1 year ago.
ok so you have now likely satisfied the conditions, which hadn't actually all been satisfied when you posted your query.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you