I work in-house, can I give undertakings on behalf of my employer?

There is no prohibition on anyone giving an undertaking, but you need to ensure that you are authorised by your employer to give an undertaking. If you are so authorised, you must not hold it out to be a solicitors’ undertaking, and ensure that you are clear as to your status.

The recipient of an intended undertaking may choose not to accept it if it is not made by a solicitor.  In which case, if you are supervised by a solicitor, it may be more appropriate for them to give the undertaking.

However, if you are authorised to give an undertaking, and the recipient is willing to accept, you need to ensure you comply with it. If you fail to do so, you may be subject to disciplinary proceedings by CILEx Regulation, and potentially a civil claim by the recipient.

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