A new employment relationship
When problems arise between you and your employer
The end of the employment relationship
The RadcliffesLeBrasseur Employment Department benefits from its experience of advising both individuals and employers on their employment law rights and obligations. Acting for both enables our advisers to provide individuals with balanced and commercial advice whether it be at the start of the employment relationship, where difficulties arise during employment or at the termination of employment. Executives and employees who seek advice in any of these circumstances are often under significant pressure and they are fully aware of this when providing our time and advice. Further details are set out below and a list of all our employment services can be found by clicking here. Click here for further information about our other tax and private client services.
Senior executives in particular should consider carefully the terms of employment being offered before accepting them. The contract of employment will usually contain details as to an employee’s obligations both during employment and thereafter. It may also prescribe when bonuses or commission are to be paid. At the start of a new venture you may be reluctant to worry about or negotiate the terms of your contract that deal with the termination of your services but we recommend that these are addressed at the outset. Our clients have often found it easier to “blame” their lawyer when negotiating these terms. We are happy to take that blame when advising you on the key terms of your contract.
We are able to advise you on the more onerous terms of the contract and to suggest where they can be made more favourable to you. We draft numerous contracts for a wide-range of employers so we are fully aware of what is typical or excessive for your position. We also have specific expertise in share options and pension schemes and are therefore able to advise on your likely entitlement and tax liabilities under these.
A number of our clients who enter into employment contracts are doing so as they join a company as a shareholder. We therefore advise these clients on the terms of the employment contract alongside the provisions set out in the shareholders’ agreement. Access to our corporate and tax specialists is available if required to ensure a complete legal service.
Difficulties in the work-place are often one of the most stressful experiences an individual will encounter. Clearly as employment lawyers we advise our clients on their employment rights and any obligations their employer has towards them. However, where appropriate, we also offer practical advice and suggestions to help our clients resolve problems without any legal recourse.
Unfortunately individuals are sometimes left with no choice but to consider legal action. There are certain obligations on an employee to try and resolve disputes internally before initiating claims plus there are some actions which should and should not be taken to protect the individual’s position as much as possible. We can advise you on these steps and guide you through this unpleasant time.
Whether you are choosing to leave your current employer or you have had your employment terminated, you may have a number of questions that need answering. We look at the post-termination obligations in employment contracts and how enforceable these might be. We also advise on bonus or commission provisions and how they will operate after termination.
In the circumstances of a dismissal our clients usually have numerous questions, for example, about the legality and fairness of a dismissal, their entitlement to a redundancy payment or their right to take action against the decision. We meet or talk to our clients on the telephone and talk them through their legal options but also make them aware of the financial and other implications of any further action they may want to take.
Some employers offer compromise agreements which require the individual to obtain legal advice on its effect on the individual to pursue a claim in the Courts or Employment Tribunal. Our team regularly advises senior executives and employees on these agreements and have represented former employees of Accenture, Merrill Lynch, Deutsche Bank, and Cable & Wireless. Our advice ranges from a simple explanation of the terms of the agreement to negotiation of more complex provisions and tax advice. Once again, our experience in drafting such agreements for employers adds value to the advice we can give employees and senior executives.
We act for senior executives and employees who pursue claims in the Employment Tribunals and/or the civil Courts. We represent our clients through to a full hearing but throughout the proceedings remain mindful of opportunities to resolve or settle claims where this is in our client’s best interests.
Examples of work undertaken includes:
- Acting for an individual who had claims of unfair dismissal, sex discrimination and compensation under the little known Justices of the Peace Act 1949 (Compensation) Regulations 1978.
- Acting for many high net worth employees leaving high profile investment banks and other financial institutions and advising on exit strategies, employment related tax, entitlement under share schemes and compromise agreements.
- Advising an employee on the terms of the agreements he entered into on becoming a director, shareholder and consultant of the organisation he worked for.
- Defending civil court proceedings on behalf of two former of employees who were sued under the restrictive covenants of the contract with their former employer.
- Defending a team of surveyors leaving their employer to work for a competitor who were being sued under the restrictive covenants in their employment contracts.
To instruct a member of our team or for more information please contact Michael Elks (michael.elks@rlb-law.com), Sejal Raja (sejal.raja@rlb-law.com) or Michael Farrelly (michael.farrelly@rlb-law.com) or telephone 020 7222 7040.