Skip to main content
Legal news

Tesco clawback

James Stephenson James Stephenson
2 min read
This blog is more than 11 years old

The news that Tesco has announced that it may pursue the former Chief Executive, Philip Clark for repayment of his £1.2m termination settlement will no doubt cause concern for those who have left their employment under a settlement agreement and received a lump sum in what they thought was a “full and final settlement”.

Tesco has said that it will pursue the recovery of his pay off if new evidence reveals that there was gross misconduct during his leadership of the supermarket chain. Its annual report confirms that it has “explicitly reserved the company’s rights to pursue recovery of these payments” should new information arise that shows gross misconduct occurring “on his watch”.

Mr Clark’s three year tenure as Chief Executive of Britain’s biggest supermarket ended in tatters in July 2014 following a stark profits warning and two months later Tesco revealed a major accounting error which revealed the profits for the previous six months had been overstated by £250m. This has led to an investigation by the Serious Fraud Office.

Many employees who leave their employment do so under what is known as a “Settlement Agreement” which is a legal document recording the terms of settlement and more often than not, there is a cash sum payment expressed to be in full and final settlement of any claims. However, such agreements will normally contain a specific provision or clause which requires the departing employee to confirm or warrant that there are no circumstances of which he or she is aware which would amount to a breach of contract and which would entitle or would have entitled the employer to terminate the employment without notice or payment in lieu. In other words, the employee is confirming at the time of signing the agreement that there are “no skeletons in the cupboard”.

It is no doubt this type of clause upon which Tesco will now seek to rely if it pursues Mr Clark for recovery of his termination payment.

Therefore, when negotiating such settlements, employees need to be aware that there should be full and frank disclosure of all matters which may cause the employer to stop and reconsider the amount of any payment being offered.

We can offer advice and assistance on this and all employment law matters and regularly deal with settlement agreements. Please speak to the employment law team on 0113 320 5000 or email employment@winstonsolicitors.co.uk

Client feedback

Sidraa and Paulo were extremely good dealing with our house sale and purchase. We were kept updated at each stage of the process and found it easy to contact them when we wanted a to have a chat. Thank you for making everything run smoothly.
Brian
As executors of my Mum’s estate we needed to apply for Probate. We met with Monika Volsing to discuss Probate and she talked us through the process and was very friendly and helpful. Any questions we had were always answered promptly. The whole process was very quick and we cannot fault anything.
Tracy
I have found Winston’s excellent in dealing with our conveyance. This firm totally deserve 5 stars and industry awards received. They are professional, friendly and respond to all docs in an extremely straightforward way. Their pricing is also extremely reasonable. I would have no hesitation in recommending this firm and would use them again should the need arise. I would like to give a special mention to The legal representative Michelle Ayres, who dealt with the sale of mum’s house in an extremely efficient and safe manner.
Melanie
have used Winston Solicitors many times when buying and selling houses wnd would use them again if the need arose.
Tony
Extremely responsive and helpful. Always knew what stage of the process I was at
Zoe
Winston Solicitors helped me with the purchase of my first ever property. I worked directly with Leasa Foster and Julie Smith. From start to finish they were very efficient and offered detailed information for each step of the way. As a first-time buyer, I wasn’t familiar with the process or what to expect, so having everything explained clearly and receiving detailed guidance at every stage was very helpful. Whenever I had a question or needed to discuss something, there was always someone available to assist, even when Leasa was not there. I always felt well supported and guided throughout the process, which made everything feel straightforward and ensured the purchase went as smoothly as possible. I’m very happy that I chose Winston Solicitors and would highly recommend them.
Anonymous
Great service the team at Winston’s solicitors are amazing at what they do! Thank again guys
Anonymous
Winston Solicitors represented me excellently and we're in frequent contact me throughout the process. The staff are very helpful and communicate exceptionally well. I am very thankful for there assistance during a very stressful period of my life.
Nathan
Contact us