Termination of Employment
It is natural to hope, even expect, on entering into a new employment relationship that it will be mutually beneficial and will endure over the course of many years. Unfortunately, in many cases this ideal turns out to be far from the case, perhaps even more so in these uncertain economic times.
At Walker Morris, we do everything we can to keep a relationship together. However, we realise that some relationships will and do break down. That is where we step in – to make the separation, if unavoidable, as smooth for our clients as it possibly can be, ensuring that all the necessary steps are taken to prevent legal actions.
We act for a wide range of clients in assisting them to discipline employees who will not or cannot abide by their rules. Where the employee has proved incapable of performing the work for which he or she was hired, we help our clients to remedy these issues if possible, or to bring the relationship to an end, through our bespoke capability advice. We also regularly advise on redundancy situations. Throughout such processes, we remain conscious of our clients’ need to act in a fair, sensitive and non-discriminatory fashion.
Our Team of specialists also frequently act on behalf of employees. Our wide experience of both sides of the fence allows us to explain to individuals why their employers have taken the steps they have.
Both sides will turn to us for advice in negotiating a sensible, amicable and commercial separation. We provide frank and sensible advice on the implications of any given strategy, for example in respect of payments that are owed to departing employees (including the tax position of such payments), the impact of termination on restrictive covenants, other protective measures and the wording of references. We also regularly deal with “unravelling” complex remuneration packages involving shares, share options and bonuses.
Where a clean break does not prove possible, we have many years of experience in handling a wide variety of claims through the Employment Tribunals, the High Courts and the appellate divisions. Our approach can be as hand on or off as our client’s desire, from assisting in the background to taking ownership and control over the entire litigation process, including arranging or conducting advocacy.