Senior executive issues

Senior executives are key to any organisation, making the crucial business decisions, setting the standards and driving the business forward.

Successful senior executives are, of course, attractive to competitors and others. This makes incentives, recognition and career planning vital parts of the organisation’s tool box, as well as protection for the business in case of defections.

Equally, however, organisations need the flexibility to change the senior team to suit the business circumstances and to respond to events, without incurring undue costs.

The assistance that we provide employers in this area regularly includes:

  • advising on and drafting senior executive service agreements and incentive arrangements
  • advising on and drafting suitable garden leave, confidentiality and post-termination restriction provisions providing guidance on executive terminations, including providing bullet point notes for meetings
  • advising in relation to executive misconduct, under-performance and dismissal
  • advising in relation to directors’ duties, Companies Act and Insolvency Act aspects of senior executive appointments negotiating termination agreements
  • where necessary, defending claims for compensation in the Courts and Tribunals
  • where necessary, enforcing garden leave, confidentiality and post-termination restriction provisions through the Courts