The independent legal advise prov iding legal advice on your compromise agreement has to sign what is called an adviser’s certificate. An adviser’s certificate should include the following:-
‘I, [Name of Solicitor] am a relevant independent adviser within the meaning of s 203 of the Employment Rights Act 1996. I confirm that:
- I am a relevant independent adviser within the meaning of section 203 of the Employment Rights Act 1996;
- I am not acting (and have not acted) in relation to this matter for the Employer or any of its Associated Companies;
- There is in force a contract of insurance, or a professional indemnity, as required by s 203 (3) (d) Employment Rights Act 1996, covering the risk of a claim against me in respect of the advice which I have given leading to the signature of this letter; and
- I have advised the Employee of the terms and effect of the compromise agreement to which this certificate is attached and in particular in relation to its effect on his/her ability to pursue his/her rights before an Employment Tribunal in respect of those proceedings referred to in the compromise agreement following his/her acceptance of the terms of the compromise agreement.
Signed_____________________________ Dated__________________________
This will be signed by the Employee’s legal advisor.
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