Skip to main content
Legal news

Tesco clawback

James Stephenson James Stephenson
2 min read
This blog is more than 10 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

Found Emily to be very Professional, whilst keeping things Personal. I was clear on what I wanted and she took time to ensure that it truly was my what I wanted and not running away with my thoughts. She gave me space to think and BE SURE. On day of signing I felt so comfortable with all my decisions and have not worried. The peace I have is real. Thank you Emily. For both your Professionalism and Personal care.
Sylvia
Very happy with the Conveyancing service. Never struggled to get in contact with either Sam or Joe, always responsive and helpful. Excellent at keeping me updated, I have used Winstons before, and I would again!
Ian
Monika was highly personable and straightforward to deal with, I would certainly use her again.
Anonymous
We were put in touch with Winston Solicitors and Emily was appointed to our case in relation to the LPAs. She was very thorough and professional, and explained everything in a manner that was easy to understand.I have no hesitation in recommending Winston Solicitors.
Lennie
It was a pleasure to sell our property through Winston’s Solicitors, Joe Bright was thoroughly professional throughout the whole process. I will definitely use Joe and Winston’s again.
Marcus
I would highly recommend Leasa. She was excellent throughout and had the patience to answer my questions and settle my worries as a first time buyer. I ended up pulling out of my first property but then buying a second instead and Leasa was very good at getting things sorted in a timely manner. She was very efficient and the online portal they used to keep me updated was excellent. I found they would always reply within 24-48 hours and I was also able to speak to Leasa directly when I had some concerns and wanted some advice. 10/10 service. Thank you so much to Leasa and the rest of the team too for helping me with my purchase and making it as least stressful as possible.
Tess
Very happy with the service provided during the house sale, price was competetive. I'm happy to recommnend Winston Solicitors.
Christopher
Samantha did a great job .Things moved promptly and smoothly and she kept me updated throughout the process.
Christian
Contact us