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Brabners Personal - Negotiating Executive Exits, two key points

Tuesday 16 March 2021

At a time when we are seeing an increased number of senior executive terminations, I wanted to take a moment to remind employees and senior executives of two key points.

As well as acting for employers (including many of the UK’s leading employers), the Brabners Employment Team also has extensive experience of acting for executives and other individual employees across a wide range of sectors.  Our expertise and experience of working with employers, gives us expert know-how when supporting an executive to secure an exit deal, on the best terms for them.

The most important recommendation we can make is to take advice before your employment relationship even starts, or when you are offered a promotion. That advice would be on your terms and conditions of employment and any proposed changes to them. This might sound odd given we are talking about the termination of employment, but when you are most in demand (i.e. when you are being offered a new job) is when it’s easiest to negotiate terms. If negotiating isn’t an option, you should still get legal advice so you understand what your terms and conditions of employment mean. This understanding means you go into the relationship with your eyes open, knowing and understanding what your terms and conditions of employment are, particularly if your employment were to be terminated.

In the same way that you wouldn’t buy a house without a survey, I would recommend a review of your contract of employment or service agreement when contemplating an offer of employment so that there are no nasty surprises.

Our second recommendation is that if you do find yourself facing the possible termination of your employment take advice and take it early! Years of combined experience across the team have shown that the longer we have to work with you, to develop an exit strategy, the better the likely outcome and the greater our ability to make the difference.

To understand the issues individuals need to be alive to when negotiating Executive exits, watch my video below.

If you are an employee, or executive facing an employment dispute or looking to exit your employment on the best possible terms speak to me or a member of our Employment Team and, please, do so early.

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