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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6307
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I WAS MADE REDUNDANT ON 31/10/2015 - GOT MY REDUNDANCY PACKAGE

Customer Question

I WAS MADE REDUNDANT ON 31/10/2015 - GOT MY REDUNDANCY PACKAGE VIA SETTLEMENT AGREEMENT SIGNED BY ME. HOWEVER THERE IS ALSO A DEED IN PLACE FOR COMPLETION BONUS WHICH IS NOT YET PAID BY MY EX EMPLOYER WHO ARE SAYING THAT BECAUSE I SIGNED THE SETTLEMENT AGREEMENT - THERE IS NO FURTHER CLAIM DUE FROM ME AGAINST THE COMPANY - CAN YOU HELP
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. Was the deed signed before the settlement agreement?
Customer: replied 1 year ago.
YES
Expert:  Jenny replied 1 year ago.
Did you take the settlement agreement to a solicitor for signature and were they aware of the presence of the deed?
Customer: replied 1 year ago.
I DID TAKE IT TO THE SOLICITORS BUT THEY WERE NOT AWARE OF THE PRESENCE OF THE DEED
Expert:  Jenny replied 1 year ago.
Did they ask you if there were any other issues with the employer? What is the value of the compensation under the deed?
Customer: replied 1 year ago.
YES THEY DID. £45K
Expert:  Jenny replied 1 year ago.
So why did you not tell them about this deed when you were taking advice under the settlement agreement?
Customer: replied 1 year ago.
AS I WAS GIVEN WRONG INFORMATION BY THE MD OF THE COMPANY SAYING THAT THIS AMOUNT WILL COME FROM THEM (OUT OF SHAREHOLDERS FUNDS) AND WILL COME DIRECTLY FROM THEIR LAWYERS BY CHEQUE. HENCE I THOUGHT IT HAD NOTHING TO DO WITH THE SETTLEMENT AGREEMENT
Expert:  Jenny replied 1 year ago.
Did the solicitor tell you that if you signed the form you would have no right to bring any other claims against the company (howsoever arising) except from Personal Injury for facts of which you are unaware?
Customer: replied 1 year ago.
YES HOWEVER PLEASE NOTE THAT THIS BONUS WAS DISCLOSED IN S & P AGREEMENT AND THE DEED FOR THE PAYMENT OF THE BONUS WAS ALSO DISCLOSED - SO MY EMPLOYERS WAS AWARE OF THIS BUT THEY DIDNT SAY ANYTHING!!
Expert:  Jenny replied 1 year ago.
What is the S & P Agreement that you refer to?
Customer: replied 1 year ago.
SELL OF 99P STORES' ENTIRE SHARE CAPITAL (MY EMPLOYER) TO POUNDLAND PLC (THE BUYER)
Expert:  Jenny replied 1 year ago.
Who is the settlement agreement with is it Poundland or 99 p stores?
Customer: replied 1 year ago.
99P STORES LTD
Customer: replied 1 year ago.
SORRY POUNDLAND GROUP PLC/99P STORES LTD AND MYSELF
Expert:  Jenny replied 1 year ago.
ok i think there may be a serious problem for you. A Settlement Agreement signs away all rights and liabilities under a contract of employment, including any other contractual agreements. Your solicitor may be negligent if they did not advise you properly of that fact. I would suggest you make an appointment to see the managing partner of the firm to discuss this issue with them and to notify their insurer of a a potential professional negligence claim. The employer does not have to be 'nice' in this situation and often the purpose of a Settlement Agreement is to avoid making any other payments. If you have any further questions please do ask.
Expert:  Jenny replied 1 year ago.
Hello kiran is there anything further you would like to know?
Jenny and other Law Specialists are ready to help you
Customer: replied 1 year ago.
I AM WRITING TO YOU AS WE SPEAK
Customer: replied 1 year ago.
HI JENNY I AM AWAITING YOUR CALL
Expert:  Jenny replied 1 year ago.
Hi you should now see that you can send me your contact details. Please do so and I will call.
Customer: replied 1 year ago.
MY HOME TEL: *********** - AWAIT YOUR CALL