Directors’ Service Agreements and Terms of Appointment

This is typically achieved by way of a senior executive service agreement.

Directors’ responsibilities often include having access to confidential information, trade secrets and the client/customer base of a business. This means it is crucial to put protections in place through the service agreement, such as through the use of post termination restrictions and provisions relating to confidential information.

Our employment solicitors have a wealth of experience in dealing with directors’ service agreements, including providing bespoke agreements to reflect the needs of each particular business through the use of a detailed but efficient questionnaire. We also deal with non-executive director appointments, including drafting letters of appointment.

Further, we regularly advise both employers and employees on the implementation and enforcement of service agreements.

We are aware that clarity on costs is vitally important to our clients. As standard practice, we give our clients an estimate of the costs involved in undertaking any piece of work at the outset. We then provide cost updates on a your case on a regular basis.

We also work closely with our clients to ensure that we meet their expectations both in terms of their objectives for a particular piece of work and in relation to costs. In addition, we are happy to discuss fixed fees and retainer arrangements and agreements if that is helpful to you.

Finally, your work is carried out by a solicitor in the team, who knows your business best. It is also carried out at the appropriate level, depending on the complexity, sensitivity and importance of the matter.

Recent examples of our work in this area include:

• Drafting board level service agreements and consultancy agreements for an energy supplier

• Advising a large wholesale company in respect of its directors’ service agreements

• Putting in place complex bonus arrangements for the directors of a large retail company

• Drafting and advising on the enforceability of complex golden handcuff arrangements

• Assisting our commercial litigation colleagues with the enforcement of restrictive covenants, including pre-action correspondence, applications for injunctions and damages and search and seize orders

We are also experienced at dealing with the appointment of and employment status issues arising in relation to non-executive directors. For more information please visit our Recruitment and Remuneration page here.

We also assist individuals with their Service Agreements, including negotiating improved terms and advising on the scope and impact of Service Agreements.