There are risks to be managed at the end of the employment relationship, whether the termination is a dismissal or a resignation.  The dismissal has to be for a fair reason and the employer must have acted fairly in dismissing the employee for that reason, both in terms of following a fair procedure before the dismissal (procedural fairness) and in dismissing for the reason given in the particular circumstances (substantive fairness).

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There is always the possibility that the leaver may be disruptive or the process unduly damaging to the organisation.  The more senior the employee, the more potential for disruption or damage.

 

We support our clients and their employees to mitigate these risks via professional closure.  We ensure that a thorough, fair and compliant process (from preparation to implementation) is followed throughout.  Some of the main ways we protect our clients’ interests include:

 

Contractual terms

Preparing effective contractual  terms and conditions from the outset

that protect employers,  incorporating elements such as:

• Garden leave clauses

• Payment in lieu of notice clauses

• Relevant and reasonable restrictive covenants 

• Post termination obligations

 

Mitigating risks

Where ending the employment relationship has scope to be highly

disruptive or risky, further options will be considered such as:

• Settlement agreements

• Identifying alternatives to ending the employment relationship

• Outplacement support

 

Whilst ending employment relationships can be challenging and stressful, it is an inextricable and inevitable part of being an employer and you needn’t be daunted by it, just get in touch with us!

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