Expertise: For Employees
Employment Advice
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Settlement Agreements: Advice on complex and routine Settlement Agreements, advice which we provide on a daily basis.
We acted for a senior HR professional leaving one of the UK’s biggest retail banks. She had been the victim of associative disability discrimination and sex discrimination. She filed a detailed grievance and the matter took about a year to resolve. The case settled on very satisfactory terms via a Settlement Agreement.
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Equality Act Claims: Will Clayton was the Times’ Lawyer of the Week acted in a high value disability discrimination case against a national retail bank for a senior employee in a case that attracted national press interest. The employee had worked for the bank for seven years before being dismissed whilst undergoing treatment and surgery for cancer.
Our client made several claims including discrimination arising from dismissal, failure to make reasonable adjustments, indirect disability discrimination and unfair dismissal. The case was hard fought by the employer including regarding definitions of “disability” and “reasonable adjustments” as well as to the value of the claim. It was heard by London Central Employment Tribunal over 5 days in November 2021.
In a widely reported judgment, the Claimant was successful in her disability discrimination claims and in her unfair dismissal claim. The case will now proceed to a remedy hearing with an expected settlement expected to be seven figures.
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Unfair dismissal claims: we advise weekly on unfair and constructive dismissal claims against employers providing direct and robust advice to individuals in a cost-effective manner. We can provide many testimonials so please get in touch.
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Grievances and exits: We advise senior individuals with complex grievances. During the last year, we acted for a senior HR individual working for one of the world’s largest airlines. The individual had alleged that they were being bullied and harassed at work by members of senior management. Due to the nature of the allegations the client required detailed advice on a whistleblowing and sex discrimination claim as part of an internal grievance exercise.
Comprehensive, strategic and empathetic advice was provided to the client who ended up signing a Settlement Agreement with her employer. Not only this, but the client stated that her complaints contributed to major cultural change within her employer.
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Employees subject to investigations and disciplinary allegations: We acted for the Chief Executive Officer of an AIM listed company. The individual in question was subject to an internal accounting investigation. This followed allegations of false accounting and misleading statements to the market, as well as alleged breaches of disclosure and listing rules.
Due to the nature of the allegations, the CEO faced a potential FCA investigation.
Our employment and regulatory teams co-counselled team to advise the CEO on his position and also managed to secure him a successful resolution and exit from the company. The individual in question was therefore able to benefit from the dual expertise of Constantine’s regulatory and employment teams.
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Contract and service agreement reviews: improving an individual client's new contract of employment during the pre-contractual negotiation.
Regulatory Advice
Constantine law have an extensive track record of acting for regulated individuals, with its ability to rely on the expertise of its employment and regulatory teams.
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We acted for an independent financial advisor under FCA investigation for allegedly deliberately submitting false information to HMRC. The case involved tax fraud allegations with the FCA alleging the client was not a fit and proper person and his conduct demonstrated lack of honesty and integrity.
This case was complex as the client suffered from a disability that fell within the Equality Act. With help from both John Hayes and Sarah Wallace, the individual was guided through the regulatory and enforcement processes, with representations made to FCA in relation to the fairness of investigation process, including the handling of interviews.
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In a recent case Sarah Wallace advised a senior professional who faced potential investigation and disciplinary sanction from their regulatory body as a result of allegations relating to their conduct under the Equality Act. We took a firm but constructive approach with the regulator and the client received practical and result-orientated advice.
The case settled with no formal action being taken against our client: the optimum outcome.
Criminal Cases
4 members of our Regulatory and criminal investigations (RCI) team advise on a wide range of criminal law matters. These include:
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Allegations of fraud and financial crime: Our team have advised on a number of the UK’s biggest fraud cases in recent years and we are happy to provide testimonials.
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Allegations of professional misconduct and impropriety: in a recent case, we advised a teacher who was suspended from work facing a serious investigation into potential allegations made by students. In the end, in part thanks to our advice, he was not arrested and no charges were brought and he was able to clear this name.