Compliance with statutory provisions a. The Executive declares and acknowledges that the Executive has carefully read and fully understands all of the provisions of this Agreement and voluntarily agrees to and intends to be legally bound by all its terms and in particular the Executive acknowledges that this Agreement is a Compromise Agreement within the meaning of s.203(2)(f) of the Employment Rights Axx 0000 and that by entering into this Agreement the Executive has agreed not to institute or continue any proceedings before an Employment Tribunal or the Courts arising out of the termination of the Executive’s employment.
b. The Employer and the Executive agree and acknowledge that the conditions regulating Compromise Agreements under Section 203(3) of the Employment Rights Axx 0000, Section 288 of the Trade Union and Labour Relations (Consolidation) Axx 0000; Section 77(4A) of the Sex Discrimination Axx 0000; Section 72(4A) of the Race Relations Axx 0000; Schedule 3A of the Disability Discrimination Axx 0000 and Regulation 35(3) of the Working Time Regulations 1998, Section 49 of the National Minimum Wage Axx 0000, Regulation 10 of the Fixed Term Executives (Prevention of less favourable Treatment) Regulations 2002; Regulation 9 of the Part Time Workers (Prevention of Less favourable Treatment) Regulations 2000, Schedule 4 of the Employment Equality (Religion or Belief) Regulations 2003, Schedule 4 of the Employment Equality (Sexual Orientation) Regulations 2003; Schedule 5 of the Employment Equality (Age) Regulations 2006; Regulation 40 of the Information and Consultation of Executives Regulations 2004; and Regulation 41 of the Transnational information and Consultation of Executives Regulations 1998 all as maybe re-enacted or amended are intended to be and have been satisfied and that the Executive has intimated the foregoing claims.
Compliance with statutory provisions. 14.1 To the extent that they are relevant, the conditions regulating compromise agreements and compromise contracts under the following instruments and provisions (as subsequently consolidated, modified or re-enacted from time to time) are satisfied and met: the Sex Discrimination Xxx 0000; the Race Relations Xxx 0000; Schedule 3A of the Disability Discrimination Xxx 0000; the Employment Rights Xxx 0000; the Working Time Regulations 1998; the National Minimum Wage Xxx 0000; the Employment Relations Xxx 0000; Schedule 4 of the Employment Equality (Sexual Orientation) Regulations 2003; Schedule 4 of the Employment Equality (Religion or Belief) Regulations 2003; Schedule 5 of the Employment Equality (Age) Regulations 2006; the Pensions Xxx 0000; and paragraphs (c) and (d) of section 147(3) of the Equality Xxx 0000.
14.2 The Employee confirms that:
14.2.1 he has received advice from the Adviser (who is a relevant independent adviser within the meaning of the provisions referred to in Clause 14.1) as to the terms and effect of this Agreement and in particular its effect on his ability to pursue his rights before an Employment Tribunal; and
14.2.2 he will procure that the Adviser signs the Certificate in Schedule 2.
Compliance with statutory provisions. 17.1 To the extent that they are relevant, the conditions regulating Settlement agreements, compromise agreements and compromise contracts under the following instruments and provisions (as subsequently consolidated, modified or re-enacted from time to time) are satisfied and met: the Sex Discrimination Xxx 0000; the Trade Union and Labour Relations (Consolidation) Xxx 0000; the Employment Rights Xxx 0000; the Working Time Regulations 1998; the National Minimum Wage Xxx 0000; the Employment Relations Xxx 0000; sub-paragraphs (a) to (e) of r41(4) of the Transnational Information and Consultation of Employees Regulations 1999; the Merchant Shipping (Working Time: Inland Waterways) Regulations 2003; sub-paragraphs (a) to (e) of r40(4) of the Information and Consultation of Employees Regulations 2004; the Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004; sub-paragraphs (a) to (e) of paragraph 13(1) of the Schedule to the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006; sub- paragraphs (a) to (e) of r41(4) of the European Cooperative Society (Involvement of Employees) Regulations 2006; sub-paragraphs (a) to (e) of r62(4) of the Companies (Cross-Border Mergers) Regulations 2007; the Cross-border Railway Services (Working Time) Regulations 2008; the Pensions Xxx 0000; sub-paragraphs (a) to (e) of r39(4) of the European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009; paragraphs (c) and (d) of section 147(3) of the Equality Xxx 0000; the Posted Workers (Enforcement of Employment Rights) Regulations 2016.
17.2 The Employee confirms that:
17.2.1 he/she has received advice from the Adviser (who is a relevant independent adviser within the meaning of the provisions referred to in Clause 18.1) as to the terms and effect of this Agreement and in particular its effect on his/her ability to pursue his/her rights before an Employment Tribunal; and
17.2.2 he/she will procure that the Adviser completes and signs the Certificate in
Compliance with statutory provisions. 14.1 This Agreement satisfies the conditions regulating compromise agreements and compromise contracts under such of the Acts as are relevant.
14.2 The Employee confirms that:
14.2.1 he has received advice from the Adviser (who is a relevant independent adviser within the meaning of the Acts) as to the terms and effect of this Agreement and in particular its effect on his ability to pursue his rights before an Employment Tribunal; and
14.2.2 he will procure that the Adviser signs the Certificate in Schedule 1.
Compliance with statutory provisions. 11.1 This Agreement satisfies the conditions regulating compromise agreements under the Employment Rights Xxx 0000, the Disability Discrimination Xxx 0000, the Sex Discrimination Act 1975 (in relation to claims under that Act and the Equal Pay Act 1970), the Race Relations Xxx 0000, the Trade Union and Labour Relations (Consolidation) Xxx 0000, the Working Time Regulations 1998, the National Minimum Wage Xxx 0000, the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000, the Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002, the Employment Equality (Sexual Orientation) Regulations 2003, the Employment Equality (Religion or Belief) Regulations 2003 and the Employment Equality (Age) Regulations 2006.
11.2 The Employee confirms that:
11.2.1 he has received advice from the Adviser as to the Terms and effect of this Agreement and in particular its effect on his ability to pursue his rights before an Employment Tribunal; and
11.2.2 he will procure that the Adviser signs the Certificate in Schedule 1.
Compliance with statutory provisions. (a) The business of each Group Company has at all times been carried on within the terms of its memorandum and articles of association, charter, by-laws or other constitutional documents.
(b) Each Group Company has conducted and is conducting its business in accordance with all applicable laws and regulations whether of its jurisdiction of incorporation or elsewhere the failure to comply with which would have a material adverse effect on the Group.
(c) No Group Company has received notice that it or its officers, agents or employees (during the course of their duties in relation to it) have committed or omitted to do any act or thing the commission or omission of which is or could be in contravention of any act, order, regulation or the like (whether in the jurisdiction of its incorporation or otherwise) giving rise to any fine, penalty, default proceedings or other liability on its part.
Compliance with statutory provisions. The Seller has to its best knowledge complied, and is now complying, with all laws applicable to the conduct of the Business as currently conducted or the ownership and use of the Purchased Assets, including without limitation with all provisions of the treaties of the European Union, the European Union directives, the laws, regulations and collective agreements as well as all other applicable legal regulations of the European Union.
Compliance with statutory provisions. AS TO CONTRACT CARRIAGE FLI and Carrier agree that transportation services hereunder are to be in compliance with 49 USC 10102 by assigning motor vehicles for a continuing period of time for the exclusive use of FLI or by providing specialized services or equipment designated to meet the distinctive needs of FLI or the consignor. Such services shall included, when applicable, but shall not be limited to: protective service multiple stops in transit, direct dispatch, drop shipments, spotting trailers and expedited shipments.
Compliance with statutory provisions. This Agreement (including the Certificate attached as Exhibit “A” hereto) satisfies the conditions regulating compromise agreements under the Employment Rights Xxx 0000, the Disability Discrimination Xxx 0000, the Sex Discrimination Xxx 0000, the Race Relations Xxx 0000, the Trade Union and Labour Relations (Consolidation) Xxx 0000, the Working Time Regulations 1998, the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000, the Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002, the Employment Equality (Sexual Orientation) Regulations 2003, the Employment Equality (Religion or Belief) Regulations 2003 and the Employment Equality (Age) Regulations 2006 (the “Employment Legislation”).
Compliance with statutory provisions. 14.1 This Agreement is intended to satisfy the conditions regulating compromise agreements and compromise contracts under such of the Acts as are relevant.
14.2 The Executive confirms that:
14.2.1 he has received advice from a relevant independent adviser (within the meaning of the Acts) as to the terms and effect of this Agreement and in particular its effect on his ability to pursue his rights before an Employment Tribunal;
14.2.2 the adviser at 14.2.1 above was Xxxxxxx Xxxxx of DLA Piper UK LLP (“the Adviser”).
14.2.3 he will procure that the Adviser signs the Certificate in Schedule 1.
