Hello my name is ***** ***** I will help you with this.
What is the document you are asked to sign please?
You have been waiting so it is released to all experts. I deal with commercial litigation.
How can I help?
Ok. Have you given notice or do you want to wait until paid?
Thats fine - I dont know whether you had offered resignation. No - they can't make you sign.
There can be no penal notice to make you sign.
All they can try and do is try and get a Court order.
But it is up to you whether you sign it. Its your business - you do not have to sign.Can I clarify anything for you about this today please?
This is an undertaking which is different from a Court ordering you to do it.
Breach of any Court order is serious.
However this is a promise (undertaking) rather than a Court order.
They would need to take you back to Court in order to get it enforced.
In theory they could seek to commit you to prison for not signing, but its unlikely a Court would do that.
A Judge wont send you to prison for not signing a document.
You need to ensure payment and security is in place in the event they dont pay you off.
Does that clarify?
It's up,to you whether you want to risk it. They could take you back to the family court.
But as this is civil dispute they may need new proceedings.
I would sign subject to confirmation of payment.
That way you are not refusing.
They can yes, because you have not complied with that order. But it may take a month or so to get it restored.
The risk is you breach an undertaking.
Costs - around £5000 if you lose.
yes they have to warn you. If they do restore and you sign, yes you would be liable for costs.
You would be being made redundant so entitled to that payment or whatever is in your contract.
If you sign your own then it's possible there is an argument. But you are forced into it because it has been sold. You could argue you still would be entitled to that type of payment because the business has been sold.
Yes you would be liable for costs for any enforcing action,starting from writing letters to you.
If there is a hearing yes you would have to attend because it would be breach of a court order.
It is in effect redundancy pay because you have been forced to leave.
You have to sign, there is an undertaking.
They could just pass a resolution anyway making you leave. You should say you will sign subject to redundancy pay.
But you should have made sure that was a term of the family proceedings undertaking.