THIS AGREEMENT, YOU AGREE THAT
ANY PAYMENTS MADE TO YOU UNDER PARAGRAPHS 3.1 -3.6 AND 4 OF THIS AGREEMENT MUST
BE REPAID TO THE COMPANY IMMEDIATELY AND WILL BE RECOVERABLE BY THE COMPANY AS A
DEBT.
20
THE CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999 SHALL APPLY
TO THIS AGREEMENT TO THE EXTENT (BUT NO MORE) THAN AS SET OUT IN THIS
PARAGRAPH.
ANY THIRD PARTY SHALL BE ENTITLED TO ENFORCE THE BENEFITS CONFERRED
ON IT BY THIS AGREEMENT.
THE CONSENT OF A THIRD PARTY SHALL NOT BE REQUIRED FOR
THE VARIATION OR TERMINATION OF THIS AGREEMENT EVEN IF THAT VARIATION OR
TERMINATION AFFECTS THE BENEFITS CONFERRED ON ANY THIRD PARTY.
FOR THE PURPOSES
OF THIS AGREEMENT "THIRD PARTY" MEANS ANY COMPANY IN THE GROUP OR ANY EMPLOYEE,
AGENT OR OFFICER OF ANY GROUP COMPANY.
21
YOU CONFIRM THAT YOU HAVE RECEIVED INDEPENDENT LEGAL ADVICE
FROM LOUISE BROWN, HALEBURY LAW, 3 WIGMORE PLACE, LONDON, W1U 2LN AS TO THE
TERMS AND EFFECT OF THIS AGREEMENT AND HAVE DISCUSSED WITH YOUR INDEPENDENT
ADVISOR YOUR ABILITY TO PURSUE CLAIMS AS LISTED (A) TO (EE) ABOVE AND IN
PARTICULAR THE EFFECT OF THIS AGREEMENT ON YOUR ABILITY TO PURSUE YOUR RIGHTS
BEFORE AN EMPLOYMENT TRIBUNAL OR ANY OTHER COURT.
Louise Brown is a relevant independent adviser (within the meaning of section
203 of the Employment Rights Act 1996) and there was in force when she gave the
advice referred to in this paragraph cover under a contract of insurance or an
indemnity provided for members of a profession or professional body covering the
risk of a claim by you in respect of loss arising in consequence of this advice.
22
THIS AGREEMENT SATISFIES THE CONDITIONS FOR REGULATING
COMPROMISE AGREEMENTS UNDER
SECTION 203 OF THE EMPLOYMENT RIGHTS ACT 1996,
SECTION 14 OF THE EMPLOYMENT RELATIONS ACT 1999, SCHEDULE 3A OF THE DISABILITY
DISCRIMINATION ACT 1995, SECTION 77 OF THE SEX DISCRIMINATION ACT 1975, SECTION
72 OF THE RACE RELATIONS ACT 1976, SECTION 288 OF THE TRADE UNION AND LABOUR
RELATIONS (CONSOLIDATION) ACT 1992, REGULATION 35 OF THE WORKING TIME
REGULATIONS 1998, SECTION 49 OF THE NATIONAL MINIMUM WAGE ACT 1998, 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, SCHEDULE 4 OF THE EMPLOYMENT EQUALITY (SEXUAL
ORIENTATION) REGULATIONS 2003,
SCHEDULE 4 OF THE EMPLOYMENT EQUALITY (RELIGION
OR BELIEF) REGULATIONS 2003, SCHEDULE 5 OF THE EMPLOYMENT EQUALITY (AGE)
REGULATIONS 2006 REGULATION 41 OF THE
TRANSNATIONAL CONSULTATION OF EMPLOYEES REGULATIONS 1999 AND REGULATION 40 OF
THE INFORMATION AND CONSULTATION OF EMPLOYEES REGULATIONS 2004.
23
LOUISE BROWN BY SIGNING THIS AGREEMENT CONFIRMS TO THE
COMPANY THAT, TO THE BEST OF HER KNOWLEDGE AND BELIEF, THE STATEMENTS SET OUT IN
PARAGRAPH 21 ABOVE ARE CORRECT.
24
THIS AGREEMENT, ALTHOUGH MARKED "WITHOUT PREJUDICE" WILL,
UPON SIGNATURE OF ALL THE PARTIES, BE TREATED AS AN OPEN DOCUMENT EVIDENCING AN
AGREEMENT BINDING ON THE PARTIES.
25
WITHIN THIS AGREEMENT "GROUP COMPANY"