Anita
No, I would not recommend
Unfortunately it was not a pleasant experience, Gordon did not explain to me what indemnity means in a settlement agreement and I ended up with further solicitors letters post agreement. It was clear that Gordon does not understand the environment I worked it and I didn’t feel he has my best interest at interest in mind.
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Gordon Turner
Dear Anita From my records I advised you on your standard Settlement Agreement at the beginning of September 25. I advised you on the standard terms of that agreement, including the indemnity and this is recorded in my attendance note. Before we spoke I sent you my client care letter which included standard advice on agreements and also our complaints procedure. After we returned the Settlement Agreement I heard nothing further from you. You did not contact me regarding any 'further solicitors' letters' from your employer's lawyers, as referred to in your comment. Your review is set out below: "Unfortunately it was not a pleasant experience, Gordon did not explain to me what indemnity means in a settlement agreement and I ended up with further solicitors letters post agreement. It was clear that Gordon does not understand the environment I worked it and I didn’t feel he has my best interest at interest in mind." I do not accept this as fair criticism...As I explained at the time, there are 2 indemnities in a Settlement Contract. One is for any excess tax but as the amount you paid was under £30,000 this could not have been the indemnity you are referring to. The other indemnity states (the obvious point) '...if the employee breaches a material provision of this agreement' that they will indemnify the Company for losses sustained. I do not know whether you did in fact break your Settlement Agreement (or how it is alleged you did) but if you did, that would been AFTER we spoke. It is also self-evident that a person who breaks any contract will face challenges from a legal point of view. Either way, it is disappointing that you have made an assertion that I failed to advise you on a very basic point in your Settlement Agreement and yet have not raised this with me (or the Ombudsman) as per my client care letter either informally or as a complaint. I have been advising employees on Settlement Agreements for 30 years. No employee-throughout that time-has suggested that I did not advise them correctly on the basic terms in the Settlement Agreement. For that reason, I struggle to understand why you have made an allegation of this nature, 'out of the blue' and without making any attempt to clarify the issues with me direct. Finally, I do not understand how you would reasonably believe that your employer would pay an enhanced payment to you at the same time as allowing you to breach the terms of it or any incorporated agreement. Nevertheless, I hope you have managed to deal with the effects of any breach of yours of a material term in your agreement. Regards, Gordon