Executive Services.

Senior employment arrangements often combine an employment contract with bonus schemes, share options, long-term incentive plans, directors’ duties and confidentiality obligations. A decision that looks straightforward in an ordinary employment relationship can affect several rights at once for an executive.

For example, resigning may trigger a ‘good leaver’ or ‘bad leaver’ provision in an equity plan, while accepting an exit date may affect a bonus award. We review the documents together and identify matters requiring company law or tax advice, rather than looking only at the salary and notice clauses.

Yes, particularly where the proposed package includes a discretionary bonus, equity awards, substantial notice obligations or restrictive covenants. It may be possible to negotiate key terms before appointment, when the relative bargaining position is different from that after a dispute arises.

We can assess unclear definitions, termination triggers, garden leave, rights to vary duties and obligations that continue after employment ends. Our employment contract team can also review a contract for consistency with the offer letter and any accompanying incentive plan.

That depends on the scheme rules, the contract and the reason for withholding payment. A bonus may be contractual, discretionary or subject to conditions such as remaining employed and not being under notice on a particular date. ‘Discretionary’ does not necessarily mean an employer can act irrationally or in bad faith.

We can examine the wording, previous payment practices, performance measures and timing. Negotiating a departure before a bonus date requires particular care: an apparently generous severance package may be less favourable once forfeited incentives are taken into account.

Share options, restricted shares and other long-term incentives are often governed by separate plan documents and shareholder agreements. These may contain vesting rules, exercise periods, buyback rights and good-leaver or bad-leaver classifications. Your employment settlement may not override them unless the documents are properly coordinated.

We can identify potential employment-law issues and work with corporate advisers where company-law rights or share valuations are central. Do not assume an agreement to pay a termination sum resolves equity rights, especially where vesting or a transaction is imminent.

Post-termination restrictions are not automatically enforceable merely because they appear in a signed contract. In general, an employer must show that a restriction protects a legitimate business interest and goes no further than is reasonably necessary. The scope, duration, geography and actual business context matter.

A restriction may still create serious risk while a dispute is unresolved, including threatened injunction proceedings. Seek advice before approaching customers, recruiting colleagues or joining a competitor. We can assess the contractual wording and the practical steps needed to manage the transition.

A garden leave clause may allow an employer to require you not to attend work, contact clients or perform your usual duties while remaining employed and paid during notice. The enforceability and scope of any restriction depend on the contract and circumstances. Garden leave is not the same as a post-termination non-compete clause.

The interaction between garden leave, bonus timing and restrictive covenant periods can influence negotiations. If you have a new role lined up, we can assess how notice arrangements and restrictions affect the proposed start date.

An executive settlement usually requires attention to more than the headline termination payment. Terms may address accrued bonus, share incentives, notice, an agreed announcement, references, confidentiality, legal advice and the release or variation of restrictive covenants.

A settlement agreement may also need coordination with resignation from a directorship and any shareholder documents. We can review the legal effect of proposed terms and negotiate with the employer or its advisers, focusing on the points that materially affect your finances, reputation and next appointment.

A director may hold an office under company law while also being an employee under a separate contract. Removal from office and termination of employment are not necessarily the same legal event. Rights may also arise under articles of association, a shareholders’ agreement and the employment contract.

If a business intends to remove you from the board, immediate legal advice can help clarify what remains payable and which duties or restrictions continue. Our team can identify when a coordinated review involving corporate solicitors would be appropriate.

A reduction in responsibilities, exclusion from decisions or unilateral change to terms may amount to a contractual breach in some circumstances. But executive disputes can also involve legitimate restructuring or performance concerns. The way an employer explains its decision, and your response, will matter.

If resignation is being considered, obtain advice first. It may be necessary to preserve your position while exploring a negotiated solution or assessing constructive dismissal risks. Resigning without an adequate legal basis can create difficulties both for a claim and for incentive entitlements.

Potential claims can include unfair dismissal, discrimination, unlawful deductions, whistleblowing or breach of contract, depending on status and circumstances. Some senior executives, partners and office holders have different statutory rights from employees, so the legal relationship needs careful examination.

Tribunal claims have strict limitation periods, commonly six months less one day for conduct on or after 1 October 2026, subject to the relevant claim and early conciliation provisions. We can help evaluate settlement prospects against the cost, evidence and commercial risks of proceedings. Where appropriate, see our Employment Tribunal services.