As a director employed by your company, you are likely to face more complex legal issues than most employees. Your rights and responsibilities may be extensive and the way in which you are remunerated could include a range of incentive plans.
Having the right advice is important to ensure that your position is protected as far as possible and that you receive a fair deal in return for your time and expertise.
As expert employment lawyers, we offer a full range of services to company directors. We have a high level of expertise in dealing with employment law and representing and advising directors. Where necessary, we can provide a robust defence should you face allegations of wrongdoing.
Our services for company directors include:
- Advice on compliance with directors’ duties
- Settlement agreements for company directors
- Advice on shareholder agreements
- Negotiating exits and resigning as a director
- Employment law claims for directors
- Company dispute resolution
Advice on compliance with directors’ duties
It is important not to breach the rules relating to your duties as a director. We provide advice to company directors in respect of compliance, including in respect of issues such as directors’ agreements and duties to employees.
Settlement agreements for company directors
If you are leaving a company for which you are a director, then we can negotiate a robust settlement agreement on your behalf. This will include all of the terms and conditions relating to your exit, such as:
- The remuneration you are entitled to, including bonuses, pensions and holiday pay
- The amount you will receive on leaving, for example, to settle any claims you may have against the company
- Sale of shares
- How company property and any company car will be dealt with
- Confidentiality clauses
- What statements will be released
- What references will be provided
We draft settlement agreements to provide to a director if they are leaving or settling a claim. If you have been given a settlement agreement for approval, we can advise you on the contents and, where necessary, negotiate on your behalf to secure the best possible deal.
Advice on shareholder agreements
Having the right shareholders’ agreement in place is crucial to ensure that the company can be run in the way that you want. The agreement will set out who has control of the business and what rights and responsibilities exist. You can decide what decisions need to be agreed upon and by how many shareholders, as well as how shares can be bought, sold, and issued.
A shareholders’ agreement will help everyone involved understand what is expected of them and will go a long way to avoiding misunderstandings and disputes. We can work with you to establish what you would like included and draft or negotiate an agreement that robustly protects your interests.
Negotiating exits and resigning as a director
As a director, leaving a company can be a complex process. We will identify the key issues to include in negotiations and what you can realistically expect to receive. We have a high level of experience in representing directors during exit negotiations and a strong track record of success in achieving excellent exit packages.
We will look at exactly what you are entitled to under the terms of your agreement with the company and build on this to secure you the best possible deal.
Employment law claims for directors
If you are involved in an employment law claim as a director, we can represent you in both negotiations and legal proceedings. We will give you an honest assessment of the strengths and weaknesses of your case and what outcome you can expect to achieve.
We are often able to resolve matters out of court by negotiation or another form of alternative dispute resolution.
Company dispute resolution
Company employment disputes can be damaging and disruptive to a business, taking up valuable time and becoming expensive if they persist. We can take steps to resolve disputes promptly and effectively, allowing you to return your focus to your key responsibilities.
We have a wide range of experience in resolving company disputes, including in respect of:
- Employment contract disputes
- Shareholder or joint venture disputes
- Defending allegations of misfeasance, wrongful trading, or fraudulent trading
- Employment claims