Common use of Claims against the Employer Clause in Contracts

Claims against the Employer. a. The Executive asserts that the Executive may have the following particular claims (the “Asserted Claims”), and no other claims, against the Employer, its directors, officers or employees, or against any associated company or person, or any affiliates of the Employer (collectively, the “Affiliates”) arising from the Executive’s employment with the Employer or the termination thereof: i. Any claim for damages for breach of contract for notice or pay in lieu of notice; ii. Any claim for holiday pay; or payment of an accrued untaken holiday entitlement; iii. Any claim for outstanding pay, overtime, expenses, ex-gratia or discretionary payments, use of Company vehicle, Directors’ fees, bonuses or commission and also including a claim under the Equal Pay Axx 0000 or Article 119 of the Treaty of Rome (as amended by the Treaty of Amsterdam); iv. A claim by the Executive for breach of contract by the Employer; v. Any claim for unfair dismissal; or unfair constructive dismissal; vi. Any claim for unlawful deduction from wages under Part II of the Employment Rights Axx 0000; vii. Any claim for redundancy payment whether statutory or otherwise; viii. Any claim for a failure to follow the statutory dispute resolution procedures under the Employment Axx 0000 and the Employment Axx 0000 (Dispute Resolution) Regulations 2004; ix. Any claim for breach of the Working Time Regulations 1998 including non-payment of holiday pay; x. Any claim for failure to give a Statement of Main Terms and Conditions of Employment or dispute resolution procedures in terms of Part I of the Employment Rights Axx 0000; b. The Executive confirms that the Executive’s only claims or complaints against the Employer or Affiliates are the Asserted Claims and that the Executive is aware of no other claim or grounds to make a claim against the Employer or Affiliates in relation to any other matters howsoever arising. c. The Executive accepts the terms of this Agreement in full and final settlement of the Asserted Claims and all other claims, complaints, costs, expenses or rights of action of any kind, present, future or contingent, which the Executive may have against the Employer or Affiliates, whether under statute, contract or at common law or under legislation or directives of the European Union, arising from the Executive’s employment with the Employer or the termination thereof, including, but not limited to: i. Any claim for sex discrimination or victimisation, or harassment under the Sex Discrimination Axx 0000; ii. Any claim for race discrimination or victimisation, or harassment under the Race Relations Axx 0000; iii. Any claim for disability discrimination or victimisation or harassment under the Disability Discrimination Axx 0000; iv. Any claim for discrimination, victimisation or harassment under the Employment Equality (Sexual Orientation) Regulations 2003; v. Any claim for discrimination, victimisation or harassment under the Employment Equality (Religion or Belief) Regulations 2003; vi. Any claim for discrimination, victimisation or harassment under the Employment Equality (Age) Regulations 2006; vii. Any claim for less favourable treatment, detriment, unfair dismissal or victimisation under the Part Time Workers (Prevention of Less Favourable Treatment) Regulations 2000; viii. Any claim for less favourable treatment, detriment, unfair dismissal or victimisation under the Fixed Term Executives (Prevention of Less Favourable Treatment) Regulations 2002; ix. Any claim under the National Minimum Wage Axx 0000; x. Any claim in relation to trade union membership, unfair dismissal or detriment on the grounds they are a trade union member under the Trade Union and Labour Relations (Consolidation) Axx 0000; xi. Any claim for a protective award under Trade Union and Labour Relations (Consolidation) Axx 0000; xii. Any claim for harassment under the Protection from Hxxxxxxxxx Xxx 0000; xiii. Any claim under Part VII of the Transnational Information and Consultation of Executives Regulations 1999; xiv. Any claim for compensation under the Data Protection Axx 0000; xv. Any claim under Part VIII of the Information and Consultation of Executives Regulations 2004; xvi. Any claim for a protective award under the Transfer of Undertakings (Protection of Employment) Regulations 2006; xvii. Any claim for a guarantee payment in terms of Part III of the Employment Rights Axx 0000; xviii. Any claim by the Executive that they have suffered a detriment on the grounds of provisions relating to: (a) health and safety; (b) Sunday working; (c) the Working Time Regulations 1998; (d) undertaking duties of an Occupational Pension Scheme Trustee; (e) undertaking duties as an Executive representative; (f) time off work for study or training; (g) protected disclosures; (h) family leave; (i) dependant leave; (j) flexible working; (k) enforcing or securing the benefit of or right conferred under the Tax Credits Axx 0000. all in terms of Sections 44 to 48 of the Employment Rights Axx 0000; xix. Any claim for compensation under Section 80H of the Employment Rights Act 1996 (flexible working), but excluding any claims in relation to accrued pension rights or any claims for damages for personal injuries, in respect of the latter of which the Executive warrants that the Executive is not aware of any such claims. d. The Executive warrants that, at the date of this Agreement, the Executive has not issued any proceedings against the Employer or Affiliates, whether in an Employment Tribunal or otherwise, and agrees to withdraw any such proceedings instituted on their behalf. e. If the waiver of the Asserted Claims or any other claims contained in this Clause is judged to be void or unenforceable, but would be valid if any one or more of the waivers were reduced, the waiver(s) shall be deemed to apply with such modification(s) as may be necessary to make them valid and effective. Any such modification of any one waiver of a claim shall not affect the validity of any other waiver of claim contained in this contract.

Claims against the Employer. a. The Executive asserts that the Executive may have the following particular claims (the “Asserted Claims”), and no other claims, against the Employer, its directors, officers or employees, or against any associated company or person, or any affiliates of the Employer (collectively, the “Affiliates”) arising from the Executive’s employment with the Employer or the termination thereof: i. Any claim for damages for breach of contract for notice or pay in lieu of notice; ii. Any claim for holiday pay; or payment of an accrued untaken holiday entitlement; iii. Any claim for outstanding pay, overtime, expenses, ex-gratia or discretionary payments, use of Company vehicle, Directors’ fees, bonuses or commission and also including a claim under the Equal Pay Axx 0000 or Article 119 of the Treaty of Rome (as amended by the Treaty of Amsterdam); iv. A claim by the Executive for breach of contract by the Employer; v. Any claim for unfair dismissal; or unfair constructive dismissal; vi. Any claim for unlawful deduction from wages under Part II of the Employment Rights Axx 0000; vii. Any claim for redundancy payment whether statutory or otherwise; viii. Any claim for a failure to follow the statutory dispute resolution procedures under the Employment Axx 0000 and the Employment Axx 0000 (Dispute Resolution) Regulations 2004; ix. Any claim for breach of the Working Time Regulations 1998 including non-payment of holiday pay; x. Any claim for failure to give a Statement of Main Terms and Conditions of Employment or dispute resolution procedures in terms of Part I of the Employment Rights Axx 0000; b. The Executive confirms that the Executive’s only claims or complaints against the Employer or Affiliates are the Asserted Claims and that the Executive is aware of no other claim or grounds to make a claim against the Employer or Affiliates in relation to any other matters howsoever arising. c. The Executive accepts the terms of this Agreement in full and final settlement of the Asserted Claims and all other claims, complaints, costs, expenses or rights of action of any kind, present, future or contingent, which the Executive may have against the Employer or Affiliates, whether under statute, contract or at common law or under legislation or directives of the European Union, arising from the Executive’s employment with the Employer or the termination thereof, including, but not limited to: i. Any claim for sex discrimination or victimisation, or harassment under the Sex Discrimination Axx 0000; ii. Any claim for race discrimination or victimisation, or harassment under the Race Relations Axx 0000; iii. Any claim for disability discrimination or victimisation or harassment under the Disability Discrimination Axx 0000; iv. Any claim for discrimination, victimisation or harassment under the Employment Equality (Sexual Orientation) Regulations 2003; v. Any claim for discrimination, victimisation or harassment under the Employment Equality (Religion or Belief) Regulations 2003; vi. Any claim for discrimination, victimisation or harassment under the Employment Equality (Age) Regulations 2006; vii. Any claim for less favourable treatment, detriment, unfair dismissal or victimisation under the Part Time Workers (Prevention of Less Favourable Treatment) Regulations 2000; viii. Any claim for less favourable treatment, detriment, unfair dismissal or victimisation under the Fixed Term Executives (Prevention of Less Favourable Treatment) Regulations 2002; ix. Any claim under the National Minimum Wage Axx 0000; x. Any claim in relation to trade union membership, unfair dismissal or detriment on the grounds they are a trade union member under the Trade Union and Labour Relations (Consolidation) Axx 0000; xi. Any claim for a protective award under Trade Union and Labour Relations (Consolidation) Axx 0000; xii. Any claim for harassment under the Protection from Hxxxxxxxxx Xxx 0000; xiii. Any claim under Part VII of the Transnational Information and Consultation of Executives Regulations 1999; xiv. Any claim for compensation under the Data Protection Axx 0000; xv. Any claim under Part VIII of the Information and Consultation of Executives Regulations 2004; xvi. Any claim for a protective award under the Transfer of Undertakings (Protection of Employment) Regulations 2006; xvii. Any claim for a guarantee payment in terms of Part III of the Employment Rights Axx 0000; xviii. Any claim by the Executive that they have suffered a detriment on the grounds of provisions relating to: (a) health and safety; (b) Sunday working; (c) the Working Time Regulations 1998; (d) undertaking duties of an Occupational Pension Scheme Trustee; (e) undertaking duties as an Executive representative; (f) time off work for study or training; (g) protected disclosures; (h) family leave; (i) dependant leave; (j) flexible working; (k) enforcing or securing the benefit of or right conferred under the Tax Credits Axx 0000. all in terms of Sections 44 to 48 of the Employment Rights Axx 0000; xix. Any claim for compensation under Section 80H of the Employment Rights Act 1996 (flexible working), but excluding any claims in relation to accrued pension rights or any claims for damages for personal injuries, in respect of the latter of which the Executive warrants that the Executive is not aware of any such claims. d. The Executive warrants that, at the date of this Agreement, the Executive has not issued any proceedings against the Employer or Affiliates, whether in an Employment Tribunal or otherwise, and agrees to withdraw any such proceedings instituted on their behalf. e. If the waiver of the Asserted Claims or any other claims contained in this Clause is judged to be void or unenforceable, but would be valid if any one or more of the waivers were reduced, the waiver(s) shall be deemed to apply with such modification(s) as may be necessary to make them valid and effective. Any such modification of any one waiver of a claim shall not affect the validity of any other waiver of claim contained in this contract.

Claims against the Employer. a. The Executive asserts that the Executive may have the following particular claims (the “Asserted Claims”), and no other claims, against the Employer, its directors, officers or employees, or against any associated company or person, or any affiliates of the Employer (collectively, the “Affiliates”) arising from the Executive’s employment with the Employer or the termination thereof: i. Any claim for damages for breach of contract for notice or pay in lieu of notice; ii. Any claim for holiday pay; or payment of an accrued untaken holiday entitlement; iii. Any claim for outstanding pay, overtime, expenses, ex-gratia or discretionary payments, use of Company vehicle, Directors’ fees, bonuses or commission and also including a claim under the Equal Pay Axx Xxx 0000 or Article 119 of the Treaty of Rome (as amended by the Treaty of Amsterdam); iv. A claim by the Executive for breach of contract by the Employer; v. Any claim for unfair dismissal; or unfair constructive dismissal; vi. Any claim for unlawful deduction from wages under Part II of the Employment Rights Axx Xxx 0000; vii. Any claim for redundancy payment whether statutory or otherwise; viii. Any claim for a failure to follow the statutory dispute resolution procedures under the Employment Axx Xxx 0000 and the Employment Axx Xxx 0000 (Dispute Resolution) Regulations 2004; ix. Any claim for breach of the Working Time Regulations 1998 including non-payment of holiday pay; x. Any claim for failure to give a Statement of Main Terms and Conditions of Employment or dispute resolution procedures in terms of Part I of the Employment Rights Axx Xxx 0000; b. The Executive confirms that the Executive’s only claims or complaints against the Employer or Affiliates are the Asserted Claims and that the Executive is aware of no other claim or grounds to make a claim against the Employer or Affiliates in relation to any other matters howsoever arising. c. The Executive accepts the terms of this Agreement in full and final settlement of the Asserted Claims and all other claims, complaints, costs, expenses or rights of action of any kind, present, future or contingent, which the Executive may have against the Employer or Affiliates, whether under statute, contract or at common law or under legislation or directives of the European Union, arising from the Executive’s employment with the Employer or the termination thereof, including, but not limited to: i. Any claim for sex discrimination or victimisation, or harassment under the Sex Discrimination Axx Xxx 0000; ii. Any claim for race discrimination or victimisation, or harassment under the Race Relations Axx Xxx 0000; iii. Any claim for disability discrimination or victimisation or harassment under the Disability Discrimination Axx Xxx 0000; iv. Any claim for discrimination, victimisation or harassment under the Employment Equality (Sexual Orientation) Regulations 2003; v. Any claim for discrimination, victimisation or harassment under the Employment Equality (Religion or Belief) Regulations 2003; vi. Any claim for discrimination, victimisation or harassment under the Employment Equality (Age) Regulations 2006; vii. Any claim for less favourable treatment, detriment, unfair dismissal or victimisation under the Part Time Workers (Prevention of Less Favourable Treatment) Regulations 2000; viii. Any claim for less favourable treatment, detriment, unfair dismissal or victimisation under the Fixed Term Executives (Prevention of Less Favourable Treatment) Regulations 2002; ix. Any claim under the National Minimum Wage Axx Xxx 0000; x. Any claim in relation to trade union membership, unfair dismissal or detriment on the grounds they are a trade union member under the Trade Union and Labour Relations (Consolidation) Axx Xxx 0000; xi. Any claim for a protective award under Trade Union and Labour Relations (Consolidation) Axx Xxx 0000; xii. Any claim for harassment under the Protection from Hxxxxxxxxx Xxxxxxxxxx Xxx 0000; xiii. Any claim under Part VII of the Transnational Information and Consultation of Executives Regulations 1999; xiv. Any claim for compensation under the Data Protection Axx Xxx 0000; xv. Any claim under Part VIII of the Information and Consultation of Executives Regulations 2004; xvi. Any claim for a protective award under the Transfer of Undertakings (Protection of Employment) Regulations 2006; xvii. Any claim for a guarantee payment in terms of Part III of the Employment Rights Axx Xxx 0000; xviii. Any claim by the Executive that they have suffered a detriment on the grounds of provisions relating to: (a) health and safety; (b) Sunday working; (c) the Working Time Regulations 1998; (d) undertaking duties of an Occupational Pension Scheme Trustee; (e) undertaking duties as an Executive representative; (f) time off work for study or training; (g) protected disclosures; (h) family leave; (i) dependant leave; (j) flexible working; (k) enforcing or securing the benefit of or right conferred under the Tax Credits Axx Xxx 0000. all in terms of Sections 44 to 48 of the Employment Rights Axx Xxx 0000; xix. Any claim for compensation under Section 80H of the Employment Rights Act 1996 (flexible working), but excluding any claims in relation to accrued pension rights or any claims for damages for personal injuries, in respect of the latter of which the Executive warrants that the Executive is not aware of any such claims. d. The Executive warrants that, at the date of this Agreement, the Executive has not issued any proceedings against the Employer or Affiliates, whether in an Employment Tribunal or otherwise, and agrees to withdraw any such proceedings instituted on their behalf. e. If the waiver of the Asserted Claims or any other claims contained in this Clause is judged to be void or unenforceable, but would be valid if any one or more of the waivers were reduced, the waiver(s) shall be deemed to apply with such modification(s) as may be necessary to make them valid and effective. Any such modification of any one waiver of a claim shall not affect the validity of any other waiver of claim contained in this contract.

Claims against the Employer. a. The Executive asserts that the Executive may have the following particular claims (the “Asserted Claims”), and no other claims, against the Employer, its directors, officers or employees, or against any associated company or person, or any affiliates of the Employer (collectively, the “Affiliates”) arising from the Executive’s employment with the Employer or the termination thereof: i. Any claim for damages for breach of contract for notice or pay in lieu of notice; ii. Any claim for holiday pay; or payment of an accrued untaken holiday entitlement; iii. Any claim for outstanding pay, overtime, expenses, ex-gratia or discretionary payments, use of Company vehicle, Directors’ fees, bonuses or commission and also including a claim under the Equal Pay Axx 0000 Act 1970 or Article 119 of the Treaty of Rome (as amended by the Treaty of Amsterdam); iv. A claim by the Executive for breach of contract by the Employer; v. Any claim for unfair dismissal; or unfair constructive dismissal; vi. Any claim for unlawful deduction from wages under Part II of the Employment Rights Axx 0000Act 1996; vii. Any claim for redundancy payment whether statutory or otherwise; viii. Any claim for a failure to follow the statutory dispute resolution procedures under the Employment Axx 0000 Act 2002 and the Employment Axx 0000 Act 2002 (Dispute Resolution) Regulations 2004; ix. Any claim for breach of the Working Time Regulations 1998 including non-payment of holiday pay; x. Any claim for failure to give a Statement of Main Terms and Conditions of Employment or dispute resolution procedures in terms of Part I of the Employment Rights Axx 0000Act 1996; b. The Executive confirms that the Executive’s only claims or complaints against the Employer or Affiliates are the Asserted Claims and that the Executive is aware of no other claim or grounds to make a claim against the Employer or Affiliates in relation to any other matters howsoever arising. c. The Executive accepts the terms of this Agreement in full and final settlement of the Asserted Claims and all other claims, complaints, costs, expenses or rights of action of any kind, present, future or contingent, which the Executive may have against the Employer or Affiliates, whether under statute, contract or at common law or under legislation or directives of the European Union, arising from the Executive’s employment with the Employer or the termination thereof, including, but not limited to: i. Any claim for sex discrimination or victimisation, or harassment under the Sex Discrimination Axx 0000Act 1975; ii. Any claim for race discrimination or victimisation, or harassment under the Race Relations Axx 0000Act 1976; iii. Any claim for disability discrimination or victimisation or harassment under the Disability Discrimination Axx 0000Act 1995; iv. Any claim for discrimination, victimisation or harassment under the Employment Equality (Sexual Orientation) Regulations 2003; v. Any claim for discrimination, victimisation or harassment under the Employment Equality (Religion or Belief) Regulations 2003; vi. Any claim for discrimination, victimisation or harassment under the Employment Equality (Age) Regulations 2006; vii. Any claim for less favourable treatment, detriment, unfair dismissal or victimisation under the Part Time Workers (Prevention of Less Favourable Treatment) Regulations 2000; viii. Any claim for less favourable treatment, detriment, unfair dismissal or victimisation under the Fixed Term Executives (Prevention of Less Favourable Treatment) Regulations 2002; ix. Any claim under the National Minimum Wage Axx 0000Act 1998; x. Any claim in relation to trade union membership, unfair dismissal or detriment on the grounds they are a trade union member under the Trade Union and Labour Relations (Consolidation) Axx 0000Act 1992; xi. Any claim for a protective award under Trade Union and Labour Relations (Consolidation) Axx 0000Act 1992; xii. Any claim for harassment under the Protection from Hxxxxxxxxx Xxx 0000Harassment Act 1997; xiii. Any claim under Part VII of the Transnational Information and Consultation of Executives Regulations 1999; xiv. Any claim for compensation under the Data Protection Axx 0000Act 1998; xv. Any claim under Part VIII of the Information and Consultation of Executives Regulations 2004; xvi. Any claim for a protective award under the Transfer of Undertakings (Protection of Employment) Regulations 2006; xvii. Any claim for a guarantee payment in terms of Part III of the Employment Rights Axx 0000Act 1996; xviii. Any claim by the Executive that they have suffered a detriment on the grounds of provisions relating to: (a) health and safety; (b) Sunday working; (c) the Working Time Regulations 1998; (d) undertaking duties of an Occupational Pension Scheme Trustee; (e) undertaking duties as an Executive representative; (f) time off work for study or training; (g) protected disclosures; (h) family leave; (i) dependant leave; (j) flexible working; (k) enforcing or securing the benefit of or right conferred under the Tax Credits Axx 0000Act 2002. all in terms of Sections 44 to 48 of the Employment Rights Axx 0000Act 1996; xix. Any claim for compensation under Section 80H of the Employment Rights Act 1996 (flexible working), but excluding any claims in relation to accrued pension rights or any claims for damages for personal injuries, in respect of the latter of which the Executive warrants that the Executive is not aware of any such claims. d. The Executive warrants that, at the date of this Agreement, the Executive has not issued any proceedings against the Employer or Affiliates, whether in an Employment Tribunal or otherwise, and agrees to withdraw any such proceedings instituted on their behalf. e. If the waiver of the Asserted Claims or any other claims contained in this Clause is judged to be void or unenforceable, but would be valid if any one or more of the waivers were reduced, the waiver(s) shall be deemed to apply with such modification(s) as may be necessary to make them valid and effective. Any such modification of any one waiver of a claim shall not affect the validity of any other waiver of claim contained in this contract.