While we provide a large range of employment law services for our clients, please see below for "real life" examples of the main type of work carried out in recent months by the firm (a non-exhaustive list)…
Restrictive Covenants and Business Protection:
The mainstay of John Hayes' and Caroline Glacken's work is High Court injunctive relief work for corporate clients. We can provide a host of successful case examples and significant testimonials from leading barristers and business owners.
During 2017, we issued urgent litigation in the High Court and secured comprehensive injunctive relief for a national recruiter. The client took enforcement action to protect its business from a conspiracy and theft of confidential information. This would have endangered our client's business, had an injunction not been granted. John Hayes led the advice which included support throughout the litigation process and preparation for a final hearing in December. A settlement was ultimately agreed, including confirmation of the final injunction on behalf of the client and the defendant's withdrawal of a parallel Tribunal claim.
Learn More : Restrictive Covenants
Key Contacts: John Hayes or Caroline Glacken
Outsourced Employment Law Support for Law Firms
We provide employment law support to several leading US and UK law firms who do not have their own employment departments. We are able to price jobs realistically, and firms rely on the expertise of our employment lawyers. They are very happy with the results and we can provide testimonials, upon request.
We have recently been instructed by a large US (private equity focused) law firm to run the employment due diligence exercise for a transaction in which their private equity client acquired a significant minority stake in a national high-street fast food chain. We led the advice which covered the entire UK workforce, of over 1000 employees. This included an analysis of a-typical working and employment status issues. This project involved us raising employment and pension enquiries, identifying and reporting on issues in the due diligence report, making recommendations for the investor and advising on the employment warranties in the share purchase agreement.
Learn More: Employment Law
Key Contacts: John Hayes
Retainer Employment Law Packages
We provide fixed price retainer packages for corporate clients, payable quarterly, and designed to give cost certainty to employment law spend. We do this for a range of national businesses including national construction, facilities and recruitment firms. This involves providing day-to-day support and advice on all aspects of employment law to our clients' HR and senior management teams. We can give very positive testimonials from a number of clients.
The HR teams have immediate access to our experienced solicitors who become your trusted advisers. Note: if you instruct us you will save on management time and achieve better results.
Caroline Glacken and Omer Simjee support management and HR teams all aspects of HR legal support including: conducting a review and re-issue of employment contracts; the acquisition of new businesses and associated TUPE issues; complex grievance and disciplinary processes; and performance management issues.
Learn More: HR Legal Support
Key Contacts: Omer Simjee or John Hayes
We provide practical, cost effective support for senior individuals, leaving companies, either by way of: (a) Settlement Agreements; or (b) more contentious, litigious matters.
Over recent months, Omer Simjee has achieved an outstanding result in a negotiated mediation for a private individual against a ranked firm. In November 2017, John Hayes advised two senior employees facing very serious and highly complex allegations of gross misconduct in relation their handling of how they sought to raise institutional investment by a potential client of an FCA regulated firm. One of the employees was regulated by the FCA there were significant reputational issues at stake for both. We supported both employees towards an agreed settlement with their former employer. We advise employees in financial services firms on the implications of the Senior Managers Regime, and we write regularly on the subject.
Key Contacts: John Hayes
Advice for Law Firms and Partners
John Hayes provides advice to leading law firms in relation to partner departures and restrictive covenant issues. We are currently writing a "Leavers Protocol" and amending the LLP Agreement for one of London's leading firms. John recently advised the Exec Co of a sliver circle firm on partner departures and best practice.
John is also advising a number of senior equity partners who are leaving their firms. This involves a detailed analysis of the LLP Agreements and providing strategic advice around restrictive covenant and client considerations. This work will only increase as the UK legal market becomes more "fluid." He has also written widely on the subject.
We also provide a highly effective "lunch and learn" to legal recruiters, so that we "skill-up" their recruitment teams on common issues found in LLP Agreements and restrictive covenant issues. We are trusted by our peers in other firms.
Key Contacts: John Hayes
We are constantly updating our clients' employment documentation. The requirements of GDPR mean that all employers are advised to revisit their documentation and include, at the least "Privacy Notices." We have written recently on the subject.
We recently assisted a London based venture capital fund with a complete review of its employment documentation. Caroline Glacken completed the review which included improvements to the protection for the business within their precedent contract of employment, such as post termination restrictions, garden leave clauses and mobility clauses. We also provided advice in respect of the issue of these new contractual terms to existing employees. Our work encompassed a review of all existing employment handbook policies and updates and new policies as necessary.
Learn More: Employment Documentation
Key Contacts: Omer Simjee or Caroline Glacken
Caroline Glacken and Omer Simjee provide business immigration advice to our corporate clients and they write regularly on the subject. This is a complex and rapidly changing area of the law as the UK grapples with Brexit. Clients are strongly advised to take specialist legal advice.
In recent months, we have provided business immigration support to the UK offices of a global telecoms provider, headquartered in Lagos. This involved the management of the Group's sponsor licence and the recruitment of senior staff members under Tier 2 General, including completion of the resident labour market test. Most recently we have advised on an application for the addition of Tier 2 ICT to the licence, in order to facilitate intra-company transfers of staff into the UK where required.
We also participated in the Migration Advisory Committee (MAC) Call for Evidence looking at how the UK labour market would be affected by Brexit and plans to restrict the ability of UK business to employ workers from the EEA.
Learn More: Business Immigration
Key Contacts: Omer Simjee and Caroline Glacken