Employment Contract and Handbooks
Businesses will often be damaged by insufficient or inadequate
contractual protection with regard to its former employees
disrupting business, taking clients, other employees and
confidential information. We mitigate such risks by preparing
bespoke employment contracts and reviewing existing contracts of
the target company to ensure that its talent is bedded in and that
value in the business is retained and protected maximising its
value on sale or purchase.
Alongside the review of the contracts of employment, we also
consider handbooks, often containing the policies and procedures,
to ensure that they are up to date and in line with ever evolving
workplace practices and legal requirements.
Evolving Employment Terms
It is vitally important that an employment contract can either
be varied by agreement or changed through a lawful process. Our
lawyers are experienced in advising employers in this process to
ensure that employment contracts align with the day to day needs of
Dismissals and Settlement Agreements
Our team are highly experienced in advising employers as to
managing disciplinary proceedings including investigations. We can
then advise on practical commercial solutions to enable action to
be taken on dismissals and where the need arises on settlement
agreements. Our lawyers have a wealth of experience advising on
termination of executives who may also be shareholders or have
options over the company's shares.
Re-Organisations and Redundancy
We assist many clients in minimising the risk of employment
claims where their business is going through a re-organisation or
is looking to reduce numbers. Many genuine redundancies lead to
employment claims as a result of the employer's failure to follow
reasonable procedure, apply fair selection, consult affected
employees or properly consider suitable terms of employment. We
advise on all stages of this whether it be in the context of
stand-alone redundancies or whether it is in relation to or in
anticipation of a company or business sale.
TUPE - Selling or Buying a Business
TUPE can be a minefield for a business undergoing an
acquisition, sale, merger or significant out or in sourcing. Our
team provide expert advice on this complex area of law to make sure
the acquisition, sale, merger, out sourcing or in sourcing is
successful. Our team give practical commercial advice on how to
handle the employment challenges involved including after the
transaction to harmonise the employment terms of existing employees
and those joining the business.
Early Stage Advice
Claims by employees are time consuming, costly and a significant
distraction to owners and senior management running a business.
They are a particular issue when the business is going through a
potential or actual sale as any purchaser will have regard to the
potential claims that an employee has or will make against the
company and the financial consequences. We therefore give advice in
relation to these issues which is pragmatic, realistic and
commercial so that the most cost effective and prompt solution can
be found in relation to employment disputes.
Acting on Claims for Employers
Employment claims in an Employment Tribunal or the Courts simply
cannot be avoided. If you choose to litigate we will give you the
best chance of success and resolution in order to eliminate
complications in the event of a sale or acquisition.
For more information please contact
Christopher Atkinson, Georgina Kyriacou, Arthur Fernandes, Max Lesser, Grant Rechnic, Andrew Fishman, Harry Pattihis, Alun Williams or Lucy Paltnoi.