Termination Negotiations with Senior Executives

Not matter how well a business is run, from time to time it is necessary to replace senior staff and executives.  Handling those discussions and negotiations well is vital, as is ensuring that the terms of departure are carefully thought through – especially if they are moving to a competitor.

Termination Negotiations and Unfair Dismissal Claims

There can be various reasons why a senior executive needs to be removed or replaced.  There may be a genuine redundancy situation in which case a redundancy procedure ought to be followed.  However, often it is more complicated and there might not be a fair reason to end the contract.  Whatever the circumstances, the negotiations and approach need to be handled carefully so that the business is protected.

Termination negotiations have recently become “protected conversations”. This means that they cannot be referred to in unfair dismissal claims.  Employers can therefore have an open and honest discussions with employees about how their employment will end, and any exit packages which may be offered and negotiated, without fear of it being referenced in litigation.

The protection does not apply however where to the discussions concern whistle blowing or discrimination issues.  As a result, it can be dangerous simply to rely on the “protected conversations” law and we can advise on how best to approach the discussions.

There are many issues that may be discussed in termination negotiations. Employees may look for a good severance pay package, a favorable reference, legal expenses, a public announcement of their departure, continuation of certain benefits such as private health or a car for a certain period and intellectual property rights.   They may also wish other matters which may make their transition easier such as continuation of email addresses and phone numbers or even outplacement advice or re-training.

You must consider which of these is most valuable to and best protects your business.

Thornber Employment Law can give advice and assistance with these negotiations to help you get the best outcome for your business.

Contact Thornber Employment Law –Advice on Termination Negotiations

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David Shuster, Managing Director, Managed IT Experts

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We advise clients in Fife, Lothian, Tayside and across Central Scotland. If you are looking for clear, practical help regarding termination negotiations from a real expert, give Ben a call today on 01383 27 2000 or fill out our online enquiry form – arrange your initial discussion about termination negotiations or any employment issue today.