Dismissals and employment termination

We provide strategic, tactical advice to employers dealing with termination of employment.  We plan with employers how to reduce the risks, costs and disruption to the business.

We do provide cost estimates before starting work.  Please do give us a call to discuss your situation.

Reasons to instruct us

Years of working with employers gives us the experience to anticipate issues before they become problems.

• We will steer employers around the pitfalls which increase risk with for example redundancy or gross misconduct.
• Our experience covers the broader questions which can arise when dealing with shares and options held by departing employees;
• We work to keep employers out of the Employment Tribunal but do have the employment tribunal litigation experience should the need arise.

Terminating employee contracts

By planning together, we reduce your risks when terminating an employment contract. This includes

• Required processes;
• Nature and extent of any investigations;
• Employee’s appeals;
• Termination requirements.

Difficult and risky issues when dismissing employees

Typical “difficult”  cases include:

• Prolonged sickness or absence:  Employers need to be careful to avoid claims under the Disability Discrimination Act.
• Preserving the duty of confidentiality after the employment has terminated.
• Dealing with tax free payments under the settlement agreement.
• If a director resigns his office at Companies House he will remain as an employee unless the director’s service agreement says otherwise. This may not be what is intended.
• Bonus payments.
• Dealing with shares and options – see below.
• Helping employers to avoid unfair dismissal, wrongful dismissal or discrimination claims.
• Redundancy processes including selection criteria.

As process is so important when considering employment termination, careful planning and consideration is required. A mistake in process or in a letter to an employee can prove very costly. We can advise and assist at all stages whether at the beginning of a disciplinary process or grievance right through to an appropriate final letter to the employee terminating employment.

Shares and options on employment termination

Whilst we advise a wide range of employers on all aspects of terminating employment, many of our clients need advice on complex issues arising with senior employees, employees who are also directors or senior executives with valuable contract rights such as bonuses, shares or share options.