SEC Filings

VIRTU KCG HOLDINGS LLC filed this Form 8-K on 07/24/2017
Entire Document


14.1.2.                              any claim for personal injury of which you should be reasonably aware as at the date of this Agreement;


14.1.3.                              the Statutory Claims (and You acknowledge that the waiver of each of the Statutory Claims is and shall be construed as separate and severable and in the event of the waiver of any such claim being determined as being void for any reason, such invalidity shall not affect or impair the validity of the waiver of the other claims),


with the exception that this clause shall not apply to any claims arising out of a breach of the terms of this Agreement or any pension rights which have accrued to You up to the Termination Date, or any claims for personal injury which cannot lawfully be waived by this Agreement in relation to which You warrant that You are not aware of any facts or matters which might give rise to such a claim.  You warrant that You are not aware of any personal injury claim (or any circumstances which may give rise to one) subsisting at the date of this Agreement.


14.2.                     The claims specified in this clause 14 (together the “Alleged Claims”) are claims which it is recognised You have or may have arising out of the circumstances surrounding your employment and its termination.


15.                               SETTLEMENT AGREEMENT


15.1.                     You warrant, undertake and represent that:


15.1.1.                              You have received independent legal advice from the Qualified Lawyer as to the terms and effect of this Agreement and in particular its effect on your ability to pursue your rights before an employment tribunal or other court.  The name of the qualified lawyer who has so advised You is Greg Campbell of Mishcon de Reya LLP (the “Qualified Lawyer”);


15.1.2.                              You are advised by the Qualified Lawyer that there is, and was at the time You received the advice referred to above, in force a contract of insurance or an indemnity provided for members of a profession or professional body covering the risk of a claim by You in respect of loss arising in consequence of that advice, and


15.1.3.                              You will procure the Qualified Lawyer’s signature on the certificate attached at Schedule 1.


15.2.                     The Company and You agree and acknowledge that the conditions regulating settlement agreements contained in sub-section 77(4A) Sex Discrimination Act 1975, sub-section 72(4A) Race Relations Act 1976, sub-section 288(2B) Trade Union and Labour Relations (Consolidation) Act 1992, paragraph 2 Schedule 3A Disability Discrimination Act 1995, sub-section 203(3) Employment Rights Act 1996, regulation 35(3) of the Working Time Regulations 1998, sub-section 49(4) National Minimum Wage Act 1998, regulation 41(4) the Transnational Information and Consultation etc. Regulations 1999, regulation 9 the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000, regulation 10 the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002, paragraph 2(2) Schedule 4 the Employment Equality (Sexual Orientation) Regulations 2003, paragraph 2(2) Schedule 4 of the Employment Equality (Religion or Belief) Regulations 2003, regulation 40(4) the Information and Consultation of Employees Regulations 2004, paragraph 2 Schedule 5 the Employment Equality (Age) Regulations 2006, paragraph 12 of the Schedule to the Occupational and Personal Pension Scheme (Consultation by Employer and Miscellaneous Amendment) Regulations 2006,