James Cresswell Consultant | Employment Team

Expertise

My expertise spans across a range of employment law matters including settlement agreements, tribunal claims, restrictive covenants and discrimination.

As I advise both businesses and individuals on contentious and non-contentious employment matters, I am able to view situations and disputes from both perspectives. I use this experience to anticipate how each party will respond, so my clients are prepared for all likely outcomes.

Organisations regularly ask me to draft bespoke staff handbooks, policies, and employment contracts that meet their goals and objectives and help them to build effective people management processes. I also act for organisations, particularly those in the charity and not-for-profit sector, in defending unfair dismissal and discrimination claims.

When advising an employee on a settlement agreement, I support them through the negotiation process or step in to negotiate on a favourable exit package on their behalf. I also use my experience as a Mental Health First Aid Champion to support individuals who feel their treatment at work has caused or exacerbated mental health conditions.

Employment contracts often include restrictive covenants. I advise on their enforceability and have acted for both employers applying for injunctions and employees defending against such enforcement.

Key Experience

  • Successfully defended all claims against a non-profit organisation from a claimant who made over 50 allegations of race discrimination and was seeking a six-figure settlement.
  • Successfully defended claims of age, race and sex discrimination made against a charity at a 13-day hearing.
  • Negotiated a significantly enhanced exit package for an employee who claimed they were being forced out of their role.
  • Drafted bespoke employment contracts and post-termination restrictions for a leading digital agency to protect the company’s commercial interests, minimise the risk of employees leaving for direct competitors and maximise the chances of enforcing the covenants should it be necessary.

Career & Qualifications

  • Solicitor, SA Law
  • Qualified as a Solicitor in August 2022
  • Trainee Solicitor, SA Law
  • Paralegal at Collins Solicitors
  • Nottingham Trent University

In General

  • Mental Health First Aid Champion

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