High‑Risk Immediate Terminations & Six‑Figure Settlements
Summary
A fast‑growing commercial enterprise engaged Kingfisher to terminate long‑serving senior managers at short notice – accepting the risk of significant unfair‑dismissal claims – and negotiate bespoke six‑figure settlement agreements. Over a four‑week period, we coached the client on negotiation strategies aligned with ACAS best-practice, led complex discussions with departing managers’ advisers, drafted and executed settlement documentation, and advised on HR procedures.
The result: all agreements closed on budget and timeline, tribunal risk eliminated, commercial interests protected, and an ongoing partnership established.
The Challenges
The client elected to dismiss the senior managers immediately, without any prior disciplinary or performance process – accepting clear exposure to unfair‑dismissal claims and six‑figure payouts. Each senior executive demanded bespoke settlement agreements to avert potential tribunals, pushing negotiations into protracted stalemates. The departing managers’ legal advisers sought enhanced exit terms that threatened to escalate costs.
The client needed to balance strict cost controls against the imperative of securing comprehensive releases, all while preserving the organisation’s reputation and sensitive information.
Our Approach
Kingfisher began with multiple strategy calls, coaching the executive team on negotiations, acceptable fall‑back positions, and the mechanics of our settlement agreement. We then assumed lead liaison with each manager’s legal representatives, drafting revised settlement terms that neutralised high‑risk clauses, such as over‑broad garden leave, while ensuring exit payments remained within budget.
Our drafting and documentation phase produced bespoke agreement drafts that clearly set out statutory and enhanced payments, tax treatment, and post‑termination obligations. We coordinated the electronic signature process and executed each agreement in strict accordance with best‑practice policies and procedures.
The Results
Within four weeks, Kingfisher finalised all settlement agreements, eliminating any near‑term threat of tribunal claims. Each exit package was negotiated in line with the client’s forecasted liabilities, avoiding protracted, high‑value disputes. We secured comprehensive releases and enforceable restrictive covenants, safeguarding the client’s commercial interests and confidential information. Following these successful outcomes, the client has retained Kingfisher’s specialist tribunal representation and settlement team as their ongoing partner for all future senior‑level exits.