Employment Exit Strategy

Employment Exit StrategyIf you are considering leaving your job, having an employment exit strategy in place will help you achieve the best outcome possible. Whether you have a grievance against your employer, you feel that you have been treated unfairly or you would like to take redundancy, approaching the leaving process with a sound strategy is crucial.

At Toner Legal, we specialise in employment law, providing expert leaving advice and negotiating robustly to secure the best possible deal. We also “diagnose before we prescribe” and make a plan that takes into consideration your personal situation and needs. We make a plan (together) and with our guidance, we give you the best chance of leaving your employment on the best terms available.

If you are planning an exit, we can work with you to identify key points to include in your exit strategy and help you leave your employment before a situation deteriorates. We understand that it may sometimes seem that your employer has the upper hand, but as an employee, you have a wide range of rights, and with us by your side, we can level the playing field. Where your treatment has meant that your rights have not been observed, your position may be stronger than you realise.

It is often the case that an employer is willing to agree on a settlement package, allowing you to leave promptly, rather than having a difficult situation drawn out by legal action.

Our employment exit strategy services include:

  • Discussing your position with you to assess the strength of your case
  • Working with you to formulate an exit strategy that will protect you during the leaving process
  • Identifying what you want to achieve from your exit
  • Negotiating with your employer to secure a settlement agreement
  • Advice on legal action, where necessary

Discussing your position with you to assess the strength of your case

We understand that leaving your job can feel daunting and that the process of negotiating terms may be hard. We can advise you on the best strategy for dealing with the whole procedure, from initial contact with your employer while you are still working for them to negotiating an exit package.

We will go through the details of your situation with you, looking at relevant documents such as your employment contract and employee handbook, and give you our honest opinion of your position as well as guidance on handling your employer during the transitional period.

Working with you to formulate an employment exit strategy

We know that it can be difficult to continue to work while an exit is being negotiated. It is important not to act impulsively, however, as this could inadvertently weaken your position. Often it is crucial that you stay employed. We cover this is more detail in our discussion on Constructive Unfair Dismissal.

If you are facing a difficult situation at work we often suggest that you stay employed, take advice, act quickly. Follwoing this advice can be the difference between resigning (being unemployed with no income) and leaving on your terms, with reputation in tact and a sizeable financial settlement.

We will advise you of your options, which could be taking paid leave while the matter is dealt with. We can communicate with your employer on your behalf where necessary. If you do continue to work during this period, we will provide you with the support you need to ensure that your rights are not breached.

This includes advice in advance of meetings and guidance on the documents you need to see. We can extract the relevant important information, such as your employment rights under your contract and as contained in employee handbooks or policies, pensions figures and a breakdown of any figures they may be discussing through a settlement.

Identifying what you want to achieve from your exit

Once we have identified the strengths and any weaknesses of your position, we will work with you to establish what outcome you would like from any negotiations with your employer. A settlement agreement will usually include:

  • A payment by way of compensation if you are agreeing to waive a legal claim against your employer, for example, if you have been treated unfairly
  • Details of what other pay you are owed, such as holiday pay, pay in lieu of notice or commission
  • Your agreement to keep the terms of the agreement confidential
  • Your agreement not to speak about your employer in derogatory terms
  • Agreed wording for a reference to be supplied by your employer to your potential future employers

Negotiating with your employer to secure a settlement agreement

When we have worked out what you want to achieve from your exit, we can negotiate with your employer on your behalf. Our employment lawyers are exceptionally strong negotiators and have a proven track record of securing good settlements for employees.

We will do all we can to secure a substantial payment, where appropriate, and to ensure that the other terms and conditions are in your best interests.

After the settlement package has been agreed, we will give you the independent legal advice you need on the implications of signing.

Advice on legal action, where necessary

If it is not possible to reach an amicable agreement, we can advise you on taking legal action against your employer if they have breached your employment rights. In some cases, the threat of legal action may be the motivation your employer needs to improve their offer or enter into meaningful negotiations.

Contact our employment exit strategy lawyers

If you are considering leaving your employer, we can work with you to put a strong exit strategy in place.

 

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