settlement agreement clause help
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donnaf30
Posts: 12 Forumite
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
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
0
Comments
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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
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.0 -
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.0
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