Lean lawyers for lean times We are an agile and modern law firm. What does this mean? It means that we can meet the demands of these challenging times when businesses and employees can be under severe stress. It means we have reduced overheads so that we can charge out more competitively and flexibly than our competitors so that you, the client, benefit. It also means that our clients have more direct access to our senior lawyers than competitor firms and that our partner-consultants are supported in the work they do by fantastic associate solicitors. We resource work at the right level, at all times. Stripping-out fixed over heads means: We don’t carry a lease: you won’t pay for the atrium - but we will meet you at very smart, outsourced offices or a client’s office We don’t carry any unnecessary support departments: but we do source outstanding specialist suppliers in IT/Finance/PR/Admin/know-how/Compliance. All from the best in the business Charging is geared around the needs of the client and is totally transparent: not the demand for increased “PEP” (profit per equity partner). And we never “over-lawyer” We always adopt latest best practice: whether the latest cloud-based document management system, or online financial platforms or online completion of documents – its about the relentless pursuit of improvement Ultimately, its about driving down cost and putting the client first

Contracts & Handbooks Employment law is often subject to more change than other areas of the law, often as a result of Government initiatives and now more than ever due to the EU Revocation Bill. Our clients also need to review their contracts and policies to reflect internal changes and policy (and culture requirements). We have an experienced team which will make these changes for our clients typically at a fixed cost per contract or policy. We can help you respond to legal developments through: Specially developed compliance audits, which combine user-friendly risk analysis with clear commercial recommendations. These cover a wide range of common issues, such as: Business immigration compliance Equal pay audits Senior manager and certification regime Whistleblowing procedures Restrictive covenants and business protection Employment contracts and handbooks Providing clear robust employment documentation such as directors’ service agreements, consultancy agreements or temporary labour supply contracts. These services are available at a fixed cost. Main contacts Alan Lewis +44 (0)7814 384 745 Suki Harrar +44 (0)7379 633 555 Caroline Glacken +44 (0)7468 566 349 Case study Conducting a detailed business immigration audit for a national retailer and food distribution company. Risks were identified and successfully mitigated by the business. Preparing contracts of employment and a staff handbook for a national care homes provider. Contracts were prepared for the senior leadership team and other grades of staff. We aligned employment obligations with statutory care duties. Drafting and negotiating directors’ service agreements for the executive board of a UK hotel group.

Employment Restructuring and Redundancies In the current economic climate, businesses are undergoing a huge challenge to maintain profitability and operating efficiency. The ability to effectively restructure your workforce is critical to meeting commercial objectives and managing overheads. We can help your business by providing comprehensive support and advice on restructuring and redundancy programs. This includes advice and support on: collective redundancy issues, such as ‘establishment’ and employee representation; selection pools and evidence-based assessment criteria; redundancy payments and their tax treatment; alternative cost-saving solutions to redundancies; changing terms and conditions of employment Case study Advising on the restructuring of the regional operations of a national construction and utilities service provider including overlapping employment and agency worker issues and selection processes. Advising on the large-scale reorganisation of a UK workforce, involving the creation of new roles and career paths and the implementation of significant changes to terms and conditions. Advising a multi-site engineering and construction business on the implications of a business transfer scenario for a predominantly agency worker, workforce. Get in touch Get in touch with one of our team members today. We’d be happy to discuss your needs and how we can help. Contact

Alan Lewis Alan Lewis With more than twenty years’ experience as an employment lawyer and an additional decade in the corporate law arena before that, Alan is renowned among clients for his dedicated approach and attention to detail. Position Partner Contact +44 (0)7814 384 745 alan.lewis@constantinelaw.co.uk Type of work Employment Law He mainly advises employers and his clients range from small SMEs to larger companies with thousands of employees. Whether a client's concern is a complex TUPE service provsion change, a senior leaver trying to poach customers in breach of restrictive covenants or a potentially damaging employment tribunal claim, Alan has helped to steer tens of companies to a successful outcome. Initially having practised as a corporate lawyer, Alan has a keen interest in the commercial issues surrounding a corporate client's given situation and he draws on that interest to focus on solutions to minimise disruption to the client's business and its reputation. Alan advises employers on how best to streamline their management of staff and resources so that managers reduce the amount of time spent on areas where they add little value to the business. He also assists directors and other senior executives in negotiating contracts with their employing company, or in forging a favourable exit deal if they are looking to move elsewhere. Clients facing particularly challenging and stressful situations are delighted with Alan's style. A senior director says: "His caring yet forensically detailed approach put me at ease, and ensured that I achieved the best possible result." The HR Director of a retail company with more than 800 UK branches says: "He comes up with unique, creative solutions that you cannot find in a text book or from your average solicitor off the street. He is able to do this because of his ability to truly understand the needs of his clients and due to the outstanding level of care that he delivers." Alan is married to Donna and they have three grown up children. Alan and Donna have been keen brass musicians, playing key roles with some of the UK's premier bands. Alan is a keen networker and published a book on networking back in 2012. May I record my many thanks to all at Constantine law for all the help, time and effort, especially Alan Lewis who has been outstanding. I would have no hesitation in recommending Constantine Law in the future SENIOR EXECUTIVE WHO SECURED A SUBSTANTIAL SETTLEMENT SUM ON EXIT Alan is one of the most caring and intelligent Solicitors I have ever had the pleasure to meet. As a fellow solicitor I am proud to say that I look up to Alan as a shining example of best practice within the profession. Alan was kind enough to advise and help me through a legal issue recently. His caring yet forensically detailed approach put me at ease, and ensured that I achieved the best possible result. One of my favourite things about Alan is his ability to think outside the box. He comes up with unique, creative solutions that you cannot find in a text book or from your average solicitor off the street. He is able to do this because of his ability to truly understand the needs of his clients and due to outstanding level of care that he delivers. DIRECTOR AND OWNER OF A MOTORING LAW FIRM I suffered an unfortunate event whereby both my vehicles were stolen from my driveway. I recovered them but I had not realised until later that one vehicle contained some very sensitive company information relating to my payroll and my staff. This was not recovered. Alan was recommended to me by an accountant and he immediately took action for me on a Saturday morning having assessed the situation and provided me with sound advice. Alan quickly sent off the official forms, legal papers and notifications to relevant authorities so that I felt totally reassured that my business and my personal reputations were protected and I was able to sleep that night. MANAGING DIRECTOR AND MAJOR SHAREHOLDER IN A HOSPITALITY COMPANY IN MANCHESTER One of my clients was in urgent need of good employment law advice. A member of their staff who worked the till was found to have stolen thousands of pounds over a period of several months. The business owner needed to know exactly what steps to take to exit this employee without a claim. She tried to consult several HR professionals, however none was available to meet or advise her quickly enough. Alan put her mind at rest immediately, drafted the necessary letters and made sure she knew exactly what to do. She managed to terminate the employment of the individual concerned without any comeback whatsoever and to protect her business. FINANCIAL ADVISER WHO RECOMMENDED ALAN TO A CLIENT WHO OWNED A LARGE RETAIL BUSINESS IN STOKE Alan, I wish to thank you or your professionalism and guidance in helping me with a legal matter. I was facing dismissal from my executive position with a Premier League football club and one of the largest football clubs in the world. You came highly recommended to me by a friend who is a lawyer in the sports world. I am really glad I contacted you because you helped me negotiate and secure a very good outcome, one that a previous adviser I had spoken with told me would not be possible. SENIOR OPERATIONS MANAGER AT A PREMIER LEAGUE FOOTBALL CLUB Alan has an innovative and collaborative approach to resolving issues for his clients. He is commercial, contemporary and solutions driven ; always looking to add value at every level. Having just finished a project for one of his larger plc clients, the HR and Operations Directors rave about Alan and the service he provides; respecting his blend of acumen and flair, whilst truly understanding their business and operational issues . They value their relationship with Alan highly, as do I - both of us acknowledging him as a vital component in achieving great results. A brilliant business partner to work with whom I hold in the highest regard. MANAGING DIRECTOR AND FOUNDER OF A GLOBAL LEADERSHIP TRAINING COMPANY

Whistleblowing Whistleblowing claims have increased significantly in the last few years, particularly within regulated businesses. Whistleblowing claims are not subject to a cap on compensation and are amongst the most high-value claims brought in the Employment Tribunal, as well as being some of the most reputationally damaging. The financial services sector has seen a raft of new regulation designed to increase the accountability of those in senior leadership for encouraging whistleblowers to come forward and acting on their disclosures. Main contacts Suki Harrar +44 (0)7939 633 555 Alan Lewis +44 (0)7814 384 745 Will Clayton +44 (0)7563 145 981 Reviewing or drafting whistleblowing policies and related contractual documentation to ensure they are effective and legally compliant. This includes advising on the new whistleblowing requirements which apply in the financial services sector. Training your staff on whistleblowing obligations and procedures in order to reduce the risk of a claim arising and delivery of a Whistleblowing Tool-Kit. Advising you on how to investigate and respond to whistleblowing allegations. Defending whistleblowing claims brought against the company or its staff or representing individuals wishing to pursue a whistleblowing claim . Case study Advising one of the UK’s leading private banks to resolve a complex whistleblowing claim and working alongside the bank’s HR Director and General Counsel. Conducting an internal investigation for a FCA regulated business in relation to a whistleblowing claim brought by a former employee, mitigating the risk in relation to the same and achieving a favourable settlement. Advising a senior manager in a high-value whistleblowing claim, drafting his claim and representing him at a preliminary hearing before the case settled.

Restrictive covenants: We make it our business to protect yours. We are one of the best restrictive covenants firms in the UK. Many of our lawyers are industry leaders in this area of the law and we can give you numerous testimonials of successful outcomes. We regularly achieve injunctions for clients in the High Court to protect their legitimate business interests. We are also retained by a number of employers to assist with their hiring-strategies (jointly advising the new-hire and corporate client). Advice for Employers Our advice extends to: Obtaining High Court injunctions for corporate clients: moving quickly and cost effectively to secure the best possible outcome for the client to protect your legitimate business interest. Working with the best barristers: to achieve the best possible outcomes for clients at sensible fee-rates. Best practice on hiring strategies: including speaking to the new hire and maximising return on investment as regards their restrictive covenants. Managing legal costs: including securing solutions short of litigation, including Undertakings. Drafting robust contracts: Working with key stakeholders to draft bespoke contracts and covenants to protect legitimate business interests “Lunch and learns” on restrictive covenant issues and development of a “Hiring and Exit Tool-kit with the client (quotes available on request). Advice for Employees: Some of our best clients started out this way... Our advice involves: Strategic advice on how to set up a new business Analysis of current restrictive covenants, their enforceability and practical effect What to say to fellow team members and clients Guidance in response to letters of claim from a previous employer Advice in relation to Undertakings and contractual guidance Full support in High Court proceedings including cost benefit analysis in terms of legal costs.

Corporate Crime Businesses, particularly household names or firms in the regulated sector, are under greater scrutiny and are likely to be obligated to investigate or report allegations of financial or business crime. Sometimes businesses are contacted by law enforcement following whistle-blower reports alleging criminal conduct. There is a trend for corporates to be prosecuted, or to enter into a Deferred Prosecution Agreement (DPA). We are smart and highly regarded senior lawyers working at the cutting edge of the criminal investigations space. We have been involved at the sharp end of many important financial crime and regulatory cases of the last decade. Our lawyers have worked in private practice, in-house with financial institutions and with government and regulatory authorities. We have understanding and insight of how the police and prosecuting authorities such as the Serious Fraud Office, Financial Conduct Authority, HM Revenue & Customs, the National Crime Agency (NCA) and the Competition & Markets Authority operate and what their current priorities are. We give practical and strategic advice to limit the impact if you, your business or your senior executives or employees are at risk of or involved in a criminal investigation or prosecution. Our aim is to keep your matter, particularly if it is high profile or at risk of being reputationally damaging, under the radar if possible. We know and work closely with many other lawyers in the UK and co-counsel with overseas lawyers if there are cross-border investigations in other jurisdictions (in particular Europe and the US). Whilst we act for businesses, we often act for directors and senior executives who require separate ‘independent legal advice’ from their company. We also work closely with our regulatory and employment law colleagues – particularly when there are whistleblowing, internal investigation, disciplinary or resignation issues to advise on. If there is a public law issue to challenge, say by way of judicial review, we can represent you in those proceedings too. How we can help Advise and assist you conduct an internal investigation Assist with notification and dialogue with law enforcement and regulators Advise on deferred prosecution agreements, the process and negotiation Defend a corporate if prosecuted Advise on remediation, compliance and corporate governance Co-counsel with in house and external corporate lawyers If your company is worried about the risk of potential criminal liability then please contact one of our team. Our Experience Advised a UK regulated solicitors firm as to potential criminal offences committed by the firm and taking steps towards remediation, including the filing of a SAR. Advised a Greece based shipping company (with UK subsidiaries) as to potential criminal offences committed under the Bribery Act 2010. Acted on behalf of a UK company being investigated and prosecuted by the Trading Standards Institute. Acted in prosecutions brought by Companies House in respect of various offences under the Companies Act. Acted on behalf of a UK company, and its director, investigated and ultimately prosecuted by Trading Standards in respect of aggressive commercial practices. Successfully negotiated with the prosecution to discontinue the more serious criminal offence of blackmail. Advised corporates and company directors served with SFO compulsory information request ‘section 2’ notices in relation to ongoing criminal investigation. Advised corporates under investigation by the Health & Safety Executive (HSE) and police for corporate manslaughter, including attending interviews under caution with senior management. Defending prosecution of participating in a fraudulent business by Trading Standards. Acting on behalf of a farming business that owned multiple farms, accused of conducting a fraudulent business by submitting false and misleading information in relation to animals in order to make significant gains. Acted for company and directors in regulated business under investigation for alleged cross border bribery and corruption, failing to prevent bribery, money laundering and involvement with organised crime. Contact It’s important to get specialist advice as early as possible. Get in touch with: Sarah Wallace +44 (0)7808 899 657 sarahwallace@constantinelaw.co.uk or Jemma Sherwood-Roberts +44 (0)7882 155 664 jemma.sherwood-roberts@constantinelaw.co.uk and find out how we can help you.

Outsourcing Transactions & TUPE Solving the people issues arising on an outsourcing or business sale may be critical to realising the full commercial benefit. The notoriously complex TUPE regulations pose a particular challenge for businesses. They create additional consultation obligations, protect employment terms and limit the ability to make dismissals. However, with careful planning and expert advice at the outset you should still be able to achieve your commercial objectives. Main contact Alan Lewis Number + 44 (0)7814 384 745 We can help your business by: Conducting employment law due diligence on proposed outsourcings and transactions. Drafting and negotiating employment provisions in a wide range of outsourcing and business sale agreements, including indemnity and warranty protection, entry and exit provisions, freezing provisions and wrong-pocket clauses. Advising on the impact of TUPE and providing step-by- step guidance on how to manage a TUPE transfer. Negotiating the terms of any exits or appointments of staff on completion. Post-completion advice such as harmonisation of terms and collective redundancy exercises. Case study Advising on the employment implications of the acquisition of the UK’s largest SIPP business. Advising on the TUPE and collective redundancy issues which arose during integration. Advising a private bank on the outsourcing of its IT function to an off-shore service provider. Providing a steps-plan for management of TUPE and collective redundancy obligations and negotiating employment provisions in the outsourcing agreement to ensure adequate commercial protection. Comprehensive advice and guidance on conducting an intra-group TUPE transfer for a global listed property management firm. Drafting and negotiating employment provisions in the business purchase agreement and supporting post-completion integration, including harmonisation of employment terms.

Suki Harrar Suki provides employment support to both employers and senior executives. She has the depth of experience in advising on the full spectrum of employment issues, both contentious and non-contentious. She prides herself on being able to connect with a variety of clients and provide pragmatic solutions. “So proud to have you as part of our extended team” — HR Director, aviation company EUROPEAN OD MANAGER, MANUFACTURING I am so glad that I have you to advise and guide us, a really safe pair of hands; I find your advice practical and clear to understand. You are concise and really understand our business which is reflected in the support you provide. Previous Next

Employment Employment Law Training Employment law is a fast-developing area of law and businesses face the dual challenge of keeping up to date with key developments and equipping staff with the practical tools and know-how to respond to them. We help your organisation through: Bespoke training which is interactive, practical and fun. It delivers lasting value by enabling clients to handle a variety of legal issues themselves. We develop our training jointly with clients so that it meets their needs and reflects their specific culture and values. Training topics can therefore be designed to suit your circumstances, but topics we frequently deliver training on include: Performance Improvement Managing Sickness Absence Conducting Disciplinaries and Grievances Collective Redundancies Senior Managers Regime TUPE and Outsourcing Social Media Pitfalls Data Subject Access Requests Diversity in the Workplace Training can be tailored for your frontline staff, line managers or your HR or legal teams.Our training can be delivered in a variety of formats to suit you, and is available on a fixed cost basis. Case study Training an HR team on the impact of TUPE and using case studies to illustrate the practical steps involved in a TUPE transfer; Delivering a half-day performance management training session to line managers. Through group exercises and interactive workshops, managers were given practical tips and tools to improve performance in their teams; Working with Private Equity houses to deliver training on restrictive covenants and business protection issues to their investee companies. Restrictive Covenants and Team Moves - Update for Employers To focus on… Key terms in the employment contract Express terms & implied terms Duty of fidelity and fiduciary duties Latest trends in restrictive covenant cases How to enforce, and how to run, an injunction case Disclosure obligations & evidential issues The cost of enforcement and what remedies can be obtained Success stories Bad outcomes: if it goes wrong… LLPs and Partners: Strategies for Exits and Hires To focus on… Key terms of the LLP Agreement Fiduciary obligations and duties of good faith Restrictive covenant update How to enforce: how to run an injunction case Business plans and working with recruiters Disclosure obligations & evidential Issues Importance of privilege Leavers and joiners protocols Update on Business Immigration and Brexit To focus on… The impact of Brexit on business Brexit: the story so far Future of UK employment law The Great Repeal Bill Future of UK immigration Who can stay in the UK post Brexit? Immigration, post Brexit Tier 2 applications and staffing for success Employment Law for Corporate Lawyers – TUPE Update To focus on… Common deal scenarios Problem spotting: people issues for employment and corporate lawyers to consider TUPE Update Negotiating warranties and indemnities Share Purchase Agreements & Asset Purchase Agreements Potential liabilities and Employment Tribunal claims Advice for Start-ups: How to Recruit High-Performing Teams To focus on… Aligning people culture with strategic overall objectives Incentives: pay and other benefits The importance of equality principles Getting the right Board and NEDs Aligning IT policy with business protection principles Understanding and enforcing restrictive covenants Measuring success Equal Opportunity Training for Employers To focus on… The importance of culture and values The statutory framework – the Equality Act 2010 Express and implied terms The ACAS Codes Cost and conduct of litigation Harassment at work and the #MeToo agenda GDPR and Protecting Business Information To focus on… How to conduct a data audit: and use of spreadsheets Privacy notices: for staff and hires Review of commercial contracts Amending HR Policies and employment contracts Data security and breach reporting Training, review and “ownership” Employment Status: Especially for Recruitment, “Gig Economy” and Construction Firms To focus on… The meaning of “employee”, “worker” and “self-employed” Key statutory and common law tests The latest case law position – the rise of “worker status.” The liabilities which arise from “worker” and “employment” status Specific industries: agency workers, CIS workers, gig economy The Government’s plans for these sectors: The Taylor Report Thorny Issues: IR35, NICs liabilities, holiday pay. Get in touch Get in touch with one of our team members today. We’d be happy to discuss your needs and how we can help. Contact

In-House & Special Projects We all know that the demands on in-house legal teams and HR departments can fluctuate significantly, for example, when faced with major legislative developments, due diligence projects or change management programs. Contracting specialist employment lawyers and HR consultants can provide a flexible solution to your resourcing challenges and provide the expertise you need at a reasonable price. Main contact John Hayes Number +44 (0) 20 3696 8230 We can help your business through supplying: Contract employment lawyers, experienced in working in an in-house environment, to work on an ad hoc or project basis. Typically, we will work with clients to support due diligence exercises or to implement change programs. Senior HR consultants who can provide strategic input on projects or specific issues. This may be appropriate where internal HR resource could be viewed as having a conflict of interest or where additional HR resource is required for a limited time. Competitive fixed fees are available for the above services. Case study Supplying an HR Consultant to investigate a complex race discrimination grievance raised by a senior employee against the Managing Director and HR Director. Providing an employment lawyer to work as in-house employment counsel for a large employment business. Supplying an employment lawyer to work as in-house employment counsel for a peer-to-peer lending institution.

<< Back Immigration Case Studies UK immigration programme management Client: SME client – software company Rebecca Tester managed the immigration programme for a well-known software company, facilitating several Skilled Worker applications for a number of key hires to the UK business. Providing advice and support on all aspects of the application process, including eligibility assessments, drafting certificate of sponsorship and application forms, submission of applications and post-visa compliance advice and support. This case was led by Rebecca Tester. For immigration law advice and assistance contact our team for more info. << Back to all immigration case studies