Where disputes cannot be resolved without litigation, our team of specialist litigators can advise on bringing and defending claims in the Employment Tribunals, the High Courts and the appellate divisions for:
- unfair dismissal
- constructive dismissal
- wrongful dismissal
- harassment and victimisation
- breaches of contract, including restrictive covenants and confidentiality obligations
- inducing breaches of contract (against recruiting employers)
- breaches of fiduciary duty and conspiracy
- breach of grievance procedures, particularly where breaches are potentially career ending
- injunctive relief
- discrimination claims, including on the grounds of sex, race, disability, pregnancy and maternity, sexual orientation, religion and age
- whistleblowing (where employees allege detrimental treatment, often dismissal, following the highlighting of malpractice) (see Employers – Whistleblowing and Employees, workers and self-employed – Whistleblowing)
- unlawful deduction from wages
- holiday pay claims
Since April 2014, most claimants seeking to bring a claim in the Employment Tribunal must have first exhausted the ACAS Early Conciliation process before they bring a claim. Our team has experience in navigating this process – advising claimants in relation to the best timing for filing the Early Conciliation Notification form and the implication of filing on the limitation period and advising respondents on whether to agree or initiate the process. Our clients operate across a wide range of sectors, including professional services, financial services and insurance. In addition to the employment law aspects, we are alert to regulatory challenges and sensitivities.
While we will fight hard to achieve our client’s objectives, even when litigation is afoot, our focus is on achieving a cost-effective solution, see Negotiation, mediation and other alternative dispute resolution. We recognise that disputes within the workplace (relating to grievance or disciplinary processes) or arising on termination of employment are a distraction and that lengthy and costly litigation is rarely in the interests of the employer or employee.
With extensive experience of acting for both employers and senior executives, we understand the pressures on both sides and, therefore, are well placed to advise clients how to enhance their prospects of achieving the best practicable outcome in the most cost-effective manner. Safeguarding reputation and managing financial exposure are often factors on both sides. As many of the cases we handle are complex, involve significant sums and are high profile, we are highly skilled in undertaking (and keeping under review) the cost/benefit analysis and managing media attention strategically.
We are regularly praised by clients for getting “on-side”, acting as an extension of a client’s business or part of a senior executive’s support network. We strive for a level of trust and cooperation which maximises our ability to achieve the needs and goals of our clients.
The team’s experience includes:
- successfully obtaining judgment and an order for payment of indemnity costs in respect of a claim by the former CEO of a plc to enforce the terms of a compromise agreement (now called a “settlement agreement”) relating to the termination of his employment and defending allegations of fraudulent activity
- defending a director of a marketing services and public relations group of companies against allegations of breach of fiduciary duty and conspiracy which concluded in settlement at a pre-action stage
- advising on a number of “team moves” in the professional services sectors, in all cases facilitating the move without the need for litigation
- settlement of an age discrimination claim shortly before an appeal hearing in the Employment Appeal Tribunal on behalf of a senior in-house solicitor in a major plc, overlooked for promotion in favour of younger candidates
- settlement of a multi-million pound claim for automatic unfair dismissal by reason of whistleblowing and the protection of third party capital
- advising an individual on whistleblowing and unfair dismissal claims arising from his dismissal from a major US bank following allegations of serious regulatory breaches and market abuse
- successfully conducting settlement negotiations after obtaining injunctive relief (including an order for delivery up of confidential files and to restrain disclosure of confidential information) against a former director for breach of restrictive covenants and his new company for procuring a breach of contract.
How Fox & Partners can help…
- providing early advice on merits and undertaking a cost/benefit analysis in respect of the options for taking the matter forward, setting clear time limits for commencing or responding to claims and what will be required from our client
- taking early decisive action to protect our client’s interests, including applying for or defending injunctive relief and interim relief applications (providing for the continuation of employment pending final determination of an employee’s claim which must be made within 7 days of the effective date of termination)
- guiding clients through the procedural aspects of the litigation, including advice in relation to obtaining key documentary evidence from opponents and third parties and witness statement evidence
- focusing on a strategy to achieve the best practicable outcome and exploring settlement options where appropriate.
Please call us on 020 7618 2400