Senior executives and board directors have a unique suite of issues which apply to both hiring and exiting.
Upon hiring, both employer and employee will need to consider complex provisions such as how to structure bonuses to include claw backs and other incentive schemes such as EMI share schemes. Contracts should normally refer to fiduciary duties towards the employer, which go beyond the normal employee duties of fidelity. Termination, garden leave and post- termination restrictions are all the more important at this level and need careful drafting and negotiation.
Where a dispute arises, the stakes can be high. Often, when an employer or a senior executive has decided that it is time to part company, a swift and amicable separation is desirable and achievable.
We can advise on the more complex provisions which need to be considered in a settlement agreement but, where agreement cannot be reached, we can help our clients to bring or defend court claims involving unpaid bonuses, unlawful termination, discrimination/whistleblowing, breach of fiduciary duty and related shareholder disputes.