Charles Wynn-Evans has produced a good piece for the CIPD(12th August edition of People Management) about the importance of appopriate severence terms when dealiong with the departure of senior executives.
From my perspective whether you are the employer attempting to fire someone, or the employee clinging to job or trying to negotiate, law is just one dynamic of the discusssion. In other words, the contract wording and the legal intrepretation of conduct is just one factor.
What are the factors which can swing the negotiation in your favour?
1 The appetite of the parties to achieve the best negotiation figure.
2 The ability to play on the emotions of the other side.
3 The ability of the adviser and the party to be aligned. If the lawyer and the client do not have total mutual respect and support, the negotaition will falter. Does the adviser fundamentally understand what the client really wants?
4 The ability of the lawyer to coach the client, knowing when to support the client and knowing when to let go.
5 The ability of the adviser to communicate effectively to the other side and the client. Every form of interaction beit with the client or the other side is an opportunity to progress the case.
6 The ability of the lawyer and the client to make sensible use of concessions or supposed weaknesses in the case. Sometimes by drawing attention to an apprent weakness in your case, you convey strength of purpose and lack of fear.
These are just some of the dynmanics which help.
Justin Patten, Employment Solicitor