Stuart
has mediated the following employment and
pensions disputes:
•
Claims against former employee and associates for breach of confidentiality and unlawful means conspiracy in diverting customers in waste management industry.
• High profile claims and counterclaims between ex-wife of a Russian oligarch and her executive manager involving allegations of tax evasion, deceit, breach of trust, wrongful and unfair dismissal.
• Claim against former employee and new employer for return of confidential information and compensation for breach of restrictive covenants.
• Claim by five former employees for enhanced redundancy payments based on contractual rights alleged to have been incorporated through custom and practice over a period of 30 years of industrial relations until closure of the plant.
• Claim for wrongful termination and consequential Good Leaver status for the purpose of share buy-back provisions.
• Unfair prejudice and wrongful and unfair dismissal claim by minority shareholder/director following termination for alleged inappropriate behaviour towards staff.
• Claim by employer and shareholder against sales director and shareholder for fraudulent expenses claims.
• Claim for enhanced pension benefits under the Police Federation scheme on the grounds of injury in the course of duty.
• Claim for outstanding payments by a former CEO, through a special purpose vehicle, of a professional rugby club against the funding sponsor of the appointment.
• Claims by an FM company against senior employees for breach of covenants, use of confidential information and bribery, and cross-claims for bonuses.
• Claim following successful interim injunction application against a former senior executive for breach of worldwide covenants and use of confidential information in the asset management of aircraft engines and engine parts.
• Restitutionary claim by pension company against scheme member for mistaken over-payment.
• Senior executive claim against business process outsourcing plc for introducer commissions.
• £1m public company senior executive claim, and £5m counterclaim, arising out of publicly announced financial irregularities.
•
Dispute between partnership and outgoing partner and employee of insolvency practice.
•
Claim for £5m for wrongful and unfair dismissal by managing director of agency worker/temporary labour provider following dispute with principal shareholder, including claim for discretionary bonus.
•
Claim for contractual entitlements of £1m+ by outgoing independent chairman of pre-profit audio technology company.
•
Numerous shareholder disputes involving allegations
of breach of directors’ duties and employment
contracts.
•
Various claims against former employees for breach of
restrictive covenants and misuse of confidential and
company information.
•
Claim against employee for fraud.
•
Various stand-alone claims for breach of fiduciary and
other directors’ duties.
•
Claim for constructive dismissal by former CEO of listed
company following discovery of accounting irregularities.
•
Claim by former CEO of quasi-Government body for
constructive
dismissal.
Stuart has experience of litigating
and advising on disputes involving employment and pensions
issues. Examples include:
•
Claim against employer in the building sector by a former
chief executive over multi-million-pound pensions and
other compensation rights.
•
High-profile stress and mental illness claim against
University and NHS co-employers based on allegations
of harassment and negligence and including significant
claims for pension losses.
•
Claims and counterclaims for constructive dismissal
and fraud between senior executive employee and employer
in wholesale groceries sector.
•
Fraud investigation into former chief executive and
subsequent claim for wrongful dismissal involving construction
equipment manufacturer.
•
Claims by kitchen manufacturer against employee following
receipt of confidential and proprietary information
from employee of competitor.
•
Claims by window-frame manufacturer against former employees
for misuse of confidential and proprietary information
and breach of restrictive covenants.
•
Post-acquisition dispute between individual founding
shareholder and acquirer of business in building maintenance
sector over management control and valuations during
earn-out period.
•
Stress and mental illness claim brought by employee
following change in working practices against employer
publishing company, including claims for pension rights
and stock options.
•
Advising construction-equipment manufacturer in introducing
employee-protection measures following threats from
former employee and shareholder.
•
Investigation of activities of departing employees by
frame manufacturer and subsequent claims for breach
of restrictive covenant and misuse of confidential and
proprietary information.
•
Claims against employees for breach of restrictive covenants
and misuse of confidential and proprietary information.
•
Advising employer in commercial aspects of disciplinary
investigation and proceedings against current chief
executive for unauthorised transactions.
•
Investigation by waste oils recycling company and proceedings
against employee arising out of involvement in unlawful
transactions.
•
Dispute between listed company and employee over terms
of share option agreement following claim for constructive
dismissal.
•
Dispute between specialist software provider and former
director and founding shareholder over compensation
and shares following removal.
•
Dispute between investment company and former director
over performance issues and alleged constructive dismissal.
•
Claims against listed set-top box manufacturer by former
employees for misrepresentation of rules relating to
exercise of stock options.
•
Dispute between property development company and non-executive
director following removal for conflict of interest
and secret profit.
•
Investigation by agricultural machinery manufacturer
into expenses claims of senior employees.
•
Dispute between investment company and senior manager
over terms of compensation following acquisition.
•
Claim against data-back-up and storage provider by former
employer for bonus and commission relating to renewed
contract.
•
Claim by set-top box manufacturer against former consultant
for breach of confidentiality in posting technical information
in cv on web-site.
•
Dispute between specialist software supplier and former
manager over compensation following performance-related
termination.
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