Employment Law for Senior Executives
Our employment law solicitors are here to support you and your rights.
You have a variety of statutory and contractual rights that define the legal relationship between you and your employer. If you have been accused of breaching a contract or need advice on competition with your former employer, especially if you have directors’ duties to consider, you need an employment law team that’s in your corner.
With unrivalled experience in the local and national market, the Thompson Smith and Puxon team have the breadth and depth to vigorously defend senior level employees and directors.
How can we help you?
We are happy to speak to individuals to discuss how we can help before our services are officially engaged. We can assist in a wide range of situations, including:
- Claims to the Employment Tribunal
- Private Mediations
- Restrictive covenants
- Long term ill health (including for mental health reasons)
- Equal Pay
- Discrimination
- Whistleblowing
- Transfer of Undertakings (Protection of Employment)
- Performance management and redundancy
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- Jolyon Berry
- Head of Employment
Our areas of expertise
Employment Tribunals
If you need to bring or advance a claim in an Employment Tribunal, our employment law team can advise you on your rights and help recover any outstanding pay, holiday pay, sick pay, or other compensation owed. The key is to present a claim in the most simple way possible without missing out any of the constituent parts. It is well known that it is harder to write a short letter than a long one, which is why we can provide you with expert advice before you submit a claim.
Settlement Agreements
Settlement agreements are often used to ensure that on the termination of employment or the settlement of a dispute, there is a ‘clean break’. This is created by requesting the employee waive their legal rights to continue or pursue legal action, usually in return for a severance payment. For the agreement to be binding, the employee must take independent legal advice which we can provide.
Strategic and Commercial Advice for Company Directors
The contracts of employment of senior employees often contain onerous, anti-competition ‘restrictive covenants’. These should be well drafted and carefully considered before entering into a contract or they can be oppressive on the termination of employment.
There are commercial ways you can navigate binding restrictions or times when the enforcement of them can be challenged. Contractual bonuses and other incentive arrangements can also often be complicated by pre-conditions or other legal mechanisms which should be considered carefully.
Protected (off the record) conversations about the possibility of a negotiated exit can be initiated by employees as well as by employers however you should have a clear plan and legal strategy in mind before taking such dramatic action.
Contracts
If your former employer alleges you breached your employment contract, we can build a strong defence to protect your interests. We can also provide guidance on any restrictive contractual clauses that limit your ability to work elsewhere after leaving your prior role. Should your previous employer attempt to restrain you from competing through injunctive relief, we have the experience to challenge such action and defend your right to earn a livelihood.
Frequently Asked Questions
Yes, but they do need to be well drafted before a court will enforce them. If you have started work in competition with your old employer and are concerned that you may be in breach of contract, let us review the contract and consider the circumstances. Even if the terms are binding, there are many ways to avoid litigation which carries significant risks for those employees whose contracts were well-prepared.
If you have two years continuous service you can challenge your employer in the Employment Tribunal if you believe you have been unfairly dismissed. However, there’s no requirement to bring a claim for being discriminated against, for whistleblowing or for other protected acts (eg Health and Safety and Union related activities).
A settlement agreement is a formal contract that is usually confidential in which an employee waives their employment rights on the termination of employment. The terms of the agreement usually include a payment to the employee who has to take independent legal advice about the effect and terms of the agreement.
There is no legal aid available in the Employment Tribunal service, and we do not usually offer ‘no win no fee services’ in these cases (although that is available for some PI claims). We are always happy to speak to potential clients about whether or not we can assist them with their legal issues. Our minimum fee is usually around £600+VAT for any work that we agree to carry out. Bringing a claim to the Employment Tribunal can be very expensive.
Our Employment Law for Senior Executives Fees
Before we start working on your case, we will provide a quote. The quote will be based on your circumstances and will reflect the complexity of your case. You can also find some further information on the costs of an employment tribunal here.
Contact our Solicitors in Colchester or Clacton
We’re here to help. Get in touch or contact one of our offices: