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

Recently I have used the services of Winston Solicitors to deal with my wife's estate and to update my will. In both cases everything was explained in straightforward language and so was easy to understand. Things were dealt with promptly and I was always kept informed of progress. The friendly approach of members of the team made a difficult situation much easier to deal with. My family will certainly seek the services of Winstons when required in the future.
David
Amazing service from start to finish, Our questions were answered quickly and there were no holds up from our side of the house sale what so ever. Would 100% recommend and use in the future. Special thank you to Samantha & Aishah.
Robyn
We were really impressed with the service that we received from both Leasa and Julie. The process was efficient, communication was great and we liked the online portal where you could see the progress of the sale/purchase easily. Despite some delays from our buyer’s solicitor, both Leasa and Julie seemed to push this daily for us to complete on time. We would recommend Winston’s to others and will use them in the future if we move again!
Charlotte
I have found Winston Solicitors to be reliable, helpful and professional in my dealings with their conveyance and CHC specialties.
Melanie
As first-time buyers, we couldn't have asked for a better solicitor. The whole process was explained clearly from start to finish, and every question we had was answered promptly and professionally. They kept us updated throughout, making what could have been a stressful experience feel straightforward and manageable.Michelle's attention to detail, efficiency, and friendly approach gave us complete confidence every step of the way. No question felt too silly! We would highly recommend their services to anyone, especially first-time buyers. Thank you for helping us buy our first home! Thanks, Michelle / George & Annie :)
George
Very professional and helpful. We were more than satisfied with the service delivered.
Martyn
We are very grateful to Emily and all at Winston Solictors who have gone above and beyond and been so helpful and professional. All queries were responded to quickly and it really felt llike a personal service, tailored to me. We are extremely grateful to them for everything.
Katherine
Used Leasa Foster for the sale and purchase of my house after being really pleased with her service from a previous purchase. She is very thorough and also very quick to reply whenever I contact her. I have recommended her to many family and friends over the years and everyone has been really pleased with the service. Highly recommend!
Lucy
Contact us