Confidential COT3 SETTLEMENT AGREEMENT ..., Exams of Law

Download Confidential COT3 SETTLEMENT AGREEMENT ... and more Exams Law in PDF only on Docsity! Confidential COT3 SETTLEMENT AGREEMENT – IMPLEMENTATION COMPENSATION Employer: Caerphilly County Borough Council Employee: Address: Implementation Compensation Payment: £[ ] We the undersigned have agreed the terms contained with the attached Schedule and that the Schedule forms an integral part of this COT3 agreement. Signed by: Employee ………………………………….. Date …………………….. For and on Behalf of the Employer ………………………………….. Date …………………….. APPENDIX The claims to be settled by this Agreement include all claims or potential claims (in respect of the Chief Officer post that the Employee currently holds as listed in the attached Appendix and includes, without limitation, the actual claim(s) (if any) listed on the attached cover sheet):- Post Title (i) under the Sex Discrimination Act 1975 (including but not limited to a claim for injury to feelings); (ii) under the Trade Union and Labour Relations (Consolidation) Act 1992 (including, but not limited to, a claim under section 188 and/or section 188A); (iii) for breach of contract, including any sum alleged to be payable under an equality clause); (iv) for unlawful deduction of wages (including any sum alleged to be payable under an equality clause or by reason of the implementation of the Single Status Contract of Employment); (v) relating to loss of pension and any other benefits; and/or (vi) for any other form or type of claim. (c) Further, and without prejudice to the generality of the foregoing, the Employee understands and accepts that, in signing this Agreement, the Employee shall not at any time institute any Employment Tribunal or Court proceedings for damages or compensation in relation to Pay Protection of former income levels, including without limitation, the payment of Implementation Consideration between the Effective Implementation Date and 1 April 2015. 4. For the avoidance of doubt, paragraphs 3 and 4 and therefore this Agreement compromise all claims arising at common law, statute, European Law and/or otherwise, whether or not such claims fall within the jurisdiction of the Employment Tribunal and/or the civil courts. In addition, by accepting the Settlement the Employee is settling any claim for an adjustment of any award under section 31 Employment Act 2002 (non-completion of statutory dispute resolution procedure: adjustment of awards). Further, if there are any other ways in which claims relating to Issues of Breach of Contract have been or could be advanced, then it is the intention of the parties that these potential claims should also be treated as having been settled by this Agreement. 5. Payment of the Implementation Compensation shall be made by way of cheque made payable to the Employee. The amount of the Implementation Compensation has been calculated as a net amount less a notional deduction for income tax and National Insurance contributions, as agreed with HMRC, for which the Employer will account to HMRC on behalf of the Employee. The Implementation Compensation is not pensionable pay. 6. In the event that the Employee or anyone on his/her behalf commences or continues any proceedings against the Employer, any organisation to which the Employee’s employment may transfer under TUPE and/or any of its or their present or former employees or officers for any of the claims set out in paragraphs 3 and 4, of this Agreement or otherwise then the Employee agrees to repay to the Employer an amount equivalent to the Implementation Compensation paid to the Employee under this Agreement. The Employee agrees that in such circumstances, the said sum is recoverable from him/her as a debt. 7. Payment of the Implementation Compensation by the Employer is made on the understanding that there is no admission of liability by the Employer. 8. For the avoidance of doubt, this Agreement does not affect any rights which the Employee may have in relation to any other claim against the Employer, any organisation to which the Employee’s employment may transfer under TUPE and/or any of its or their present or former employees or officers including without limitation, any claim for personal injury or in connection with the Employee’s accrued pension rights. It is agreed that this schedule forms an integral part of the attached COT3 form. Employee: ---------------------------------- Date: ------------------------------ For and on Behalf of the Employer: -------------------------------- Date: --------------------------------