Dismissals and employment termination

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

We provide cost estimates before starting work, so you have clarity on the likely legal costs. Please do give us a call to discuss your situation.

Reasons to instruct us

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

• We will steer employers around the pitfalls which can increase risk in situations such as redundancy or gross misconduct.
• Our experience covers the broader questions which can arise when dealing with shares and share options held by departing employees;
• We work to keep employers out of the Employment Tribunal, but understand how tribunal litigation works and are able to advise on your options.

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 Equality Act 2010, including disability discrimination claims. .
• Preserving the duty of confidentiality after the employment has terminated.
• Dealing with tax-free treatment of payments under the settlement agreement.
• If a director resigns their office at Companies House, they 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 preparing an appropriate final letter 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.