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Cure - dismissals, negotiations, public announcements and more
Cure - dismissals, negotiations, public announcements and more
Cure - dismissals, negotiations, public announcements and more
Cure - dismissals, negotiations, public announcements and more
Cure - dismissals, negotiations, public announcements and more
Cure - dismissals, negotiations, public announcements and more
Cure - dismissals, negotiations, public announcements and more
Cure - dismissals, negotiations, public announcements and more
Cure - dismissals, negotiations, public announcements and more
Cure - dismissals, negotiations, public announcements and more
Cure - dismissals, negotiations, public announcements and more
Cure - dismissals, negotiations, public announcements and more
Cure - dismissals, negotiations, public announcements and more
Cure - dismissals, negotiations, public announcements and more
Cure - dismissals, negotiations, public announcements and more
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Cure - dismissals, negotiations, public announcements and more

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Cure - dismissals, negotiations, public announcements and more. Advice for SME's. …

Cure - dismissals, negotiations, public announcements and more. Advice for SME's.
Adams & Remers Solicitors
in partnership with the
Sussex Innovation Centre

Published in: Business, Health & Medicine
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  • 1. Cure - dismissals, negotiations, public announcements and more Adams & Remers Solicitors in partnership with the Sussex Innovation Centre
  • 2. Our Speakers Nichola Marven Cathy Hoar
  • 3. The Prevention session – a reminder
    • Is the employee also a director and/or shareholder?
    • Articles of Association
    • Shareholder Agreements
    • Directors’ Service Agreements
  • 4. Parting company with a senior executive
    • The shareholders’ agreement
    • Removal of director by shareholder resolution
    • Current legal position – Companies Act 2006
    • Director’s fiduciary duties
    • Director’s service agreement/employment contract
  • 5. Is the director/shareholder also an employee?
    • Director may be employed or self-employed
    • May not become an issue until dismissal
    • Control
    • Mutual obligations to offer and accept work
    • Financial risk
    • Employment contract should reflect reality
  • 6. Parting company with a senior executive
    • Possible employment law claims
      • Wrongful dismissal (breach of contract)
      • Unfair dismissal
      • Redundancy
      • Discrimination
    • Costly and time-consuming
  • 7. Dismissing lawfully
    • In accordance with the contract of employment
    • What does the service agreement say?
      • Notice period
      • Payment in lieu
      • Garden leave
      • Other benefits
    • What if you dismiss in breach of contract?
  • 8. Dismissing fairly
    • Who can claim unfair dismissal?
      • Automatically unfair dismissal
    • A fair reason
    • AND
    • A fair procedure
  • 9. A fair reason
    • Capability
    • Conduct
    • Redundancy
    • Retirement
    • Statutory restriction
    • Some other substantial reason
    • Do not claim dismissal is for another reason
  • 10. A fair procedure
    • Acting reasonably
    • Statutory disciplinary/dismissal procedure
      • Step 1: invitation and statement of grounds for action
      • Step 2: meeting
      • Step 3: right of appeal
  • 11. Practical tips
    • Address issues as soon as they arise
    • Try to resolve problems informally
    • Keep records of correspondence or discussions relating to performance or conduct
    • Beware of emails
    • Make use of appraisals
    • Do not sideline individual
    • Fully investigate
    • Consider stress and disability
  • 12. Protecting your business interests
    • Restrictive covenants
    • Confidentiality
    • Garden leave
    • Pay in lieu of notice
    • Managing the news - announcements
  • 13. Without prejudice negotiations
    • Is there a dispute?
    • Compromise agreements
  • 14. Summary
    • Consider employment status
    • Look at the contracts
    • Don’t mix your reasons
    • Follow a fair procedure
    • Don’t lose sight of your business objective
  • 15. Thank you for your time. Cathy Hoar Employment Solicitor T: 01273 403285 E: cathy.hoar@adams-remers.co.uk Nichola Marven Corporate/Commercial Solicitor T: 01273 403231 E: nichola.marven@adams-remers.co.uk

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