We are experts in advising both companies and senior employees/directors on mutually agreed exits, giving a significant tactical advantage in often being able to anticipate the arguments that might come at us from the other side.
We have recently assisted a company in negotiating a settlement agreement exit arrangement with an employee with a long-term health issue. By approaching the matter in a sympathetic, tactful and open manner under our guidance, the company was able to ascertain that the employee was in fact quite happy to leave and not looking for a large pay off in excess of a payment in lieu of notice, the lump sum payment of which would be welcomed.
A deal was struck that left the employee feeling his years of hard service were appreciated whilst giving the company directors’ the peace of mind that an employment tribunal claim was not brewing in the background.
We provide personal HR legal support to a number of local businesses, with or without their own in-house HR advisor.
We develop close relationships with our clients and get to know their businesses so that each client knows that, where they are in any doubt, they can give us a quick call to run through any issue whatsoever, and they frequently do.
In some instances our clients are seeking expert advice and support on highly technical matters such as a business restructure with potential redundancies and want us to walk them through every step of the process, but in many others they are fairly confident that they are handling the matter correctly and simply want to run their plan through with their solicitor to make sure that they are not missing anything, and adopting the correct approach to achieve the desired outcome.
Recent examples of the latter range from guidance with a performance management process of a long-serving employee, varying contractual terms with regard to holiday pay and handling a situation where an employee resigned in the midst of a disciplinary investigation alleging unfair treatment. In each instance the matters were resolved to the satisfaction of the client and without recourse to Acas or an employment tribunal.
Our experts have a proven track record representing clients in employment tribunals in areas ranging from “straightforward” unfair dismissal claims and wage disputes, to those involving sex and disability discrimination issues, TUPE transfers and whistleblowing.
We recognise that there are many pertinent factors that need to be considered when deciding how to tackle a claim beyond the merits of the case alone – the costs involved, management time, staff morale, precedent setting, reputational issues and ethical principles to name but a few – and offer both practical and commercially intelligent advice so that you fully understand all of your options and achieve the best outcome for your business.
For many different reasons a lot of claims do settle out of court (and we have seen a few that have settled at the court door) with or without payments being made. However, if the circumstances of your matter mean that you wish to fight the case right through to the hearing stage, we will assist you with formulating and presenting the most comprehensive and tactical plan of resistance.