Case Study 4
We do not always negotiate for clients. In one recent case, an
executive came to us with a proposed package. We quickly worked
out the value of all his various claims – contract claims,
dismissal claims and other statutory claims and advised that the
deal was fair. A quick review of the compromise agreement showed
that it too was acceptable and so with minimum cost and fuss the
client completed the deal. A commercial and experienced approach
like this will save vast amounts of legal costs. It left the ex
employer with a positive feeling about the way the executive had
gone and left the executive with more time to find alternative
employment. We have since acted for 2 of that employee’s
contacts and also for his wife in her employment dispute.
Contrast this to an experience we are aware of from a different
firm of solicitors. The solicitor, working for a city type firm
of solicitors, attempted to negotiate and negotiate over a proposed
termination deal without really giving thought to how much was
already on the table or what the client’s potential claims
were worth. The result was withdrawal of the existing offer by
the ex employer leaving the employee with nothing but a proposed
five figure bill by the solicitor. Remember – any offer can
be withdrawn before it is accepted – granted this is rare
but it must always be taken into account.
Our advice is to ask your Employment Solicitor three things within
the first five minutes of meeting:
- how much is it going to cost me;
- what is my claim worth plus or minus a thousand pounds; and
- is what the company is proposing reasonable ?
If the solicitor cannot answer these points to your satisfaction,
try elsewhere!
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