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    • donnaf30
    • By donnaf30 17th Jun 17, 12:48 PM
    • 8Posts
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    donnaf30
    settlement agreement clause help
    • #1
    • 17th Jun 17, 12:48 PM
    settlement agreement clause help 17th Jun 17 at 12:48 PM
    In process of redundancy and have been issued a agreement to sign

    All looks standard apart from one clause :-

    "Settlement agreement additional clauses—litigation and investigation assistance
    This Precedent is an optional clause for use with 'Agreement—settlement agreement' precedent (formerly known as 'Agreement—compromise agreement'). It requires the employee to provide the employer with assistance in ongoing or future litigation, investigations or enquiries. It also contains an optional clause requiring the employer to provide the employee with access to documents for the purpose of an enquiry, inspection or investigation, or in connection with litigation against him.


    My legal advisor has said that this is a standard clause ??


    I don't like it as sounds that I could be used a scape goat after I have left ?



    Any advice appreciated



    Thanks Donna
Page 1
    • Undervalued
    • By Undervalued 17th Jun 17, 1:36 PM
    • 3,158 Posts
    • 2,871 Thanks
    Undervalued
    • #2
    • 17th Jun 17, 1:36 PM
    • #2
    • 17th Jun 17, 1:36 PM
    In process of redundancy and have been issued a agreement to sign

    All looks standard apart from one clause :-

    "Settlement agreement additional clauses—litigation and investigation assistance
    This Precedent is an optional clause for use with 'Agreement—settlement agreement' precedent (formerly known as 'Agreement—compromise agreement'). It requires the employee to provide the employer with assistance in ongoing or future litigation, investigations or enquiries. It also contains an optional clause requiring the employer to provide the employee with access to documents for the purpose of an enquiry, inspection or investigation, or in connection with litigation against him.


    My legal advisor has said that this is a standard clause ??


    I don't like it as sounds that I could be used a scape goat after I have left ?



    Any advice appreciated



    Thanks Donna
    Originally posted by donnaf30
    I would agree with them, it sounds a perfectly normal clause.

    Obviously, by definition, a settlement agreement is negotiable and you do not have to sign.

    You have to balance what extra you are getting over and above statutory redundancy with any terms and conditions that are attached.

    If they won't budge then only you can decide if you want to accept their offer or just get the statutory minimum.
    • Linton
    • By Linton 17th Jun 17, 2:03 PM
    • 8,336 Posts
    • 8,225 Thanks
    Linton
    • #3
    • 17th Jun 17, 2:03 PM
    • #3
    • 17th Jun 17, 2:03 PM
    I am sure they could scapegoat you just as well without the clause! Surely all it's saying is that were they to be sued by a third party for something about which you have useful information you will cooperate with them and vice versa.
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