For senior executives, by far the most important aspects of any employment dispute will be those arising out of their service agreements.
If a senior employee has a fixed term contract or a notice period of 12 months or more, then it is likely that this will form the major part of any dismissal claim. Such a claim is likely to be brought in the High Court because the Employment Tribunal only has jurisdiction to award up to a maximum £25,000 for contractual claims.
For employers, High Court claims are equally significant. Senior executive contracts will invariably include restrictive covenants. To enforce such covenants it is necessary to seek injunctive relief in the High Court coupled with a claim in damages. This will prevent senior employees from competing with the employer for a period of time and within a geographical area, or from soliciting or dealing with customers or clients with whom that individual has had dealings whilst employed.
We have extensive experience of conducting such High Court actions and have on many occasions successfully sought injunctive relief to enforce restrictive covenants against employees.
If you have any questions about High Court Actions or if you would like more information, please email Birketts' Employment Law Team.