One of our specialist area is in the negotiation of termination packages and settlement agreements

Executives - Case Study 4

We do not always negotiate for clients. In one recent case, an executive came to us with a proposed package. We quickly worked out the value of all his various claims – contract claims, dismissal claims and other statutory claims and advised that the deal was fair. A quick review of the compromise agreement showed that it too was acceptable and so with minimum cost and fuss the client completed the deal. A commercial and experienced approach like this will save vast amounts of legal costs. It left the ex employer with a positive feeling about the way the executive had gone and left the executive with more time to find alternative employment. We have since acted for 2 of that employee’s contacts and also for his wife in her employment dispute.

Contrast this to an experience we are aware of from a different firm of solicitors. The solicitor, working for a city type firm of solicitors, attempted to negotiate and negotiate over a proposed termination deal without really giving thought to how much was already on the table or what the client’s potential claims were worth. The result was withdrawal of the existing offer by the ex employer leaving the employee with nothing but a proposed five figure bill by the solicitor. Remember – any offer can be withdrawn before it is accepted – granted this is rare but it must always be taken into account.

Our advice is to ask your Employment Solicitor three things within the first five minutes of meeting:

how much is it going to cost me; what is my claim worth plus or minus a thousand pounds; and is what the company is proposing reasonable ? If the solicitor cannot answer these points to your satisfaction, try elsewhere!