Blog
Is a personality clash in the Boardroom a fair reason for dismissal?
Nick Ralph
It is a rare and fortunate director who never experiences the occasional bump in the road. The combination of unrelenting stakeholder attention, an ever-changing regulatory landscape and unexpected events means that even the most prepared and cautious director must be ready for potential difficulties.
When things do go wrong, the scrutiny can be intense and the potential punishments can be significant consequences for the director, company, shareholders and employees concerned. That is why it is so important to take the right advice at all times.
Shareholder and Director disputes
When shareholders or directors disagree or fallout, it can be highly stressful for all concerned and have a devastating impact on the company.
We combine advice about our clients’ legal rights and obligations, with strategic expertise, which is critical in any boardroom battle. We advise when and how to litigate or on alternative means of dispute resolution where appropriate, including arbitration, mediation and round table settlement discussions.
Our expertise includes:
- Unfair prejudice petitions for and against minority shareholders
- Contract disputes
- Acting for shareholders in relation to breaches of shareholder agreements
- Bringing and defending derivative actions
- Earn out disputes
- Acting on behalf of shareholders to enforce their rights to purchase or sell shares under sale and purchase agreements
For more details, please read our Shareholder and Director Disputes page.
Workplace disputes
As a director it is likely that from time to time you will have to deal with disputes in the workplace, some of which may include allegations against you personally.
If workplace disputes are not dealt with quickly and sensitively they can have a considerable impact on your people and your business.
Our experienced employment team has the expertise and experience with all forms of workplace disputes, and are able to advise and support employees at all levels.
Our services include:
- Workplace investigations and whistleblowing
- Disciplinary and Grievance Procedures, Absence and Performance Management
- Sexual Misconduct in the workplace
- Discrimination claims
- Terminations and settlement agreements
Business failure and insolvency
Business failure is a very real threat for every director. If a company enters into insolvency then a director can be investigated and could be held personally responsible – leading to significant consequences.
The risk of failure may necessitate a restructuring of the business which may entail a sale of part of the business or of redundancies.
It is therefore vital that you seek the best advice in order to protect yourself and your stakeholders from financial and legal difficulties.
For more information, please see our Insolvency Litigation Advice for Directors and our Transactions, Redundancies, Restructurings and Outsourcing pages.
Nicola Finnerty
Criminal Litigation
White Collar and Financial Crime
Financial Services
Partner
Alun Milford
Criminal Litigation
Partner
Fiona Simpson (Français)
Dispute Resolution
Partner
Fiona Simpson
Dispute Resolution
Partner
Adrian Crawford
Employment
Senior executives, hires and terminations
Financial Services
Partner
Ilda de Sousa
Immigration
Partner
Emily Carter
Public Law
GDPR and Data Protection
Public Inquiries and Inquests
Partner
Hannah Eales
Regulatory
Partner
Julie Matheson
Regulatory
Partner
Julie Norris
Regulatory
Partner
Luke Gregory
Corporate, Commercial & Finance
Restructuring and Insolvency
Associate
Business Disputes and Challenges Insights
Blog
Ignorance is bliss? Not for directors!
Katie Allard