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

Immigration Get in touch We are experts dedicated to helping you navigate the UK immigration system with confidence. Whether you are hiring a skilled worker, applying for a sponsor licence or require support in remaining compliant, we provide clear, practical guidance and support to help your business attract and retain key talent from around the globe. Constantine Law's business immigration team has a reputation for delivering results for people and businesses on the move. Drawing on decades of experience, we support moves for highly skilled employees, entrepreneurs, investors, business visitors and senior executives. We also deal with the full range of personal immigration matters. With expertise across all areas of the UK's immigration system, we are able to advise and assist businesses, SMEs, families and individuals. Constantine Law is an agile, digitally oriented firm. In most cases we work to fixed rates, deploying a lean business model. We work closely with the firm's employment and white-collar crime teams to provide an integrated service for businesses and workers alike. Our partners regularly speak and train on business immigration issues, contribute to policy development and have senior contacts at the Home Office. Our team is praised for its expertise and responsiveness, with every matter being personally handled by a partner. Our Services For Businesses Sponsor licence applications Skilled Worker and Global Business Mobility visas Sponsorship compliance Business travel Right to work checks and illegal working For Individuals Applications for family members Global talent, Investors and Entrepreneurs Settlement British citizenship and ancestry Applications based on EU law Human rights applications Appeals Our Experts Rebecca Tester Partner Alex Finch Partner Further information Case Studies Immigration Insights

Equal Pay We believe that we are about to see a huge increase in equal pay litigation in the private sector in light of the introduction of compulsory gender pay gap reporting. This is compulsory for organisations with over 250 employees. However, all businesses should consider conducting an equal pay audit. This enables you to identify any liabilities and protect against litigation which can be damaging to your reputation and very costly (equal pay claims can go back six years). Main contact John Hayes Number +44 (0) 20 3696 8230 We can help your business by: Advising on your gender pay gap reporting obligations and working with your HR and Reward teams to conduct a gender pay audit. Providing legally privileged advice that identifies equal pay liabilities that may have accrued, stress- tests any potential justifications and makes recommendations to address high risk areas. Reviewing or drafting recruitment, promotion and pay review procedures to ensure remuneration is fair and transparent and not inadvertently discriminatory. Advising on the response to Equal Pay questionnaires and defending Equal Pay litigation . Case study Successfully defending a regulated business against equal pay litigation brought by a senior female actuary. The employee’s claim was defeated in the Employment Tribunal and her appeals to the Employment Appeal Tribunal and Court of Appeal were also unsuccessful. Delivering interactive training on Equal Pay legislation and the Gender Pay Gap reporting requirements to a client’s line managers and HR team. Drafting an Equal Pay policy with clear definitions, objectives and actions in order to meet a client’s obligations in this area.

International International Brexit United States Ireland Ireland Both John Hayes and Caroline Glacken have Irish backgrounds and many of their corporate clients are first or second generation Irish owned businesses, particularly in the construction, recruitment and financial services sectors. John and Caroline are active members of the Irish International Business Network (IIBN) , the leading membership organisation for Irish entrepreneurs. There are also members of t he London Irish Construction Network . John has previously acted as a trustee of ICAP and advises this important mental health charity on their employment affairs. John and Caroline are close to chambers of commerce in Ireland and have provided guidance on Brexit issues and investment into the UK. GLOBAL LAW EXPERTS - RECOMMENDED FIRM.

<< Back Employment Case Studies Worker or self-employed contractor: recent case in the Court of Appeal Client: European based provider of pilots Constanine Law acts for employers on complex recruitment and employment agency cases. We represent a leading employment business / employment agency in a high-profile Court of Appeal test case, one of the first of its kind to address employment status in the aviation industry. A pilot was claiming for holiday pay so argued that he was a worker rather than a self-employed contractor. We were able to challenge this, and our team took centre stage in a landmark Court of Appeal case, which delves into the legal standing of contracted pilots and agency workers. We are also defending claims brought by 27 other pilots based on similar issues, showcasing our ability to manage complex, multi-faceted legal challenges. This case was led by John Hayes and Caroline Glacken . For employment law advice about complex recruitment and employment agency, contact our team for more info. << Back to all employment case studies

Legal Notices The information contained on this website is for general information purposes only and is not intended to be comprehensive or to constitute legal or other professional advice. The information should not be relied on or treated as a substitute for specific legal advice. Constantine Law accepts no responsibility for loss which may arise from accessing or reliance on information contained on this website. Parts of the website link to external internet sites, and other external internet sites may link to this website. Constantine Law is not responsible for the content of any external internet sites. About Constantine Law Constantine Law is a UK legal practice regulated in England and Wales. All references to “Constantine Law” and “the firm” on this website mean Constantine Law. Constantine Law Limited is a limited company registered in England & Wales, registered number 09374849. John Hayes is the Managing Partner of the firm, one of its directors and its COLP and COFA. The company’s registered address is The Clubhouse, 8 St James’ Square, London SW1Y 4JU. The term of “partner,” if used, denotes a senior consultant with the firm having autonomous fee earning responsibility. Constantine Law Limited is authorised and regulated by the Solicitors Regulation Authority, number 621097. We use the term “partner” to refer to a member of Constantine Law or to an employee or consultant with equivalent standing and qualifications in one of Constantine Law's affiliated undertakings. Professional Indemnity Insurance Our policy of insurance in renewed annually with the most appropriate provider and provides up to £3m of cover (unless otherwise advised). Our insurance broker is Howden Insurance Brokers Limited, of One Creechurch Place, London EC3A 5AF, and we negotiate (through Howden) a suitable policy of insurance for each calendar year. Complaints Constantine Law is committed to providing a high quality of service and client care. If the client is unhappy about any aspect of the service it receives or about our fees, in the first instance it may be helpful to contact the person who is working on your case to discuss your concerns and we will do our best to resolve any issues. If you would like to make a formal complaint, please contact the Managing Partner, John Hayes, immediately by emailing both john.hayes@constantinelaw.co.uk and pm@constantinelaw.co.uk . Making a complaint will not affect how we handle your case. We will acknowledge receipt of the complaint within ten working days. Ultimately, as the COLP of the firm, John Hayes is responsible for overseeing this process. Any complaint will be investigated objectively by John Hayes or another Partner as appropriate, who will review the matter file and speak to members of staff, including our employees and consultants, who acted for you. We will endeavour to resolve a complaint within eight weeks of receipt, however, the length of time will depend on the nature of the complaint. We will notify you of the timetable applicable to the complaint. We will inform you of the outcome of the complaint together with a description of any action which has been, or shall be, taken. Where the facts surrounding the complaint are complex or sensitive, we may invite you to attend a meeting virtually or at our offices to elaborate on the complaint and to answer any questions about it. However, if you do not want to attend a meeting, or if it is not possible for you to do so, we will send you a detailed written reply to the complaint (as above). If the complaint relates to John Hayes personally then another senior partner-consultant of the firm will investigate the matter having regard to SRA principles and their own professional obligations. Constantine Law engages the services of Teal Compliance Services to assess and handle those complaints which require expert, outsourced compliance input. Therefore, investigators may seek independent guidance from Teal Compliance regarding the matter in question. The Legal Ombudsman can help you if we are unable to resolve your complaint ourselves. They will look at your complaint independently and it will not affect how we handle your case. Before accepting a complaint for investigation, the Legal Ombudsman will check that you have tried to resolve your complaint with us first. If you have, then you must take your complaint to the Legal Ombudsman: Within six months of receiving our final response to your complaint and No more than one year from the date of the act or omission being complained about; or No more than one year from the date when you should reasonably have known that there was cause for complaint. Contact details for the Legal Ombudsman are: PO Box 6167 Slough SL1 0EH T: +44 (0) 300 555 0333 E: enquiries@legalombudsman.org.uk Further details can be found at: www.legalombudsman.org.uk . What to do if you are unhappy with our behaviour. The Solicitors Regulation Authority can help if you are concerned about our behaviour. This could be for things like dishonesty, taking or losing your money or treating you unfairly because of your age, a disability or other characteristic. Visit their website to see how you can raise your concerns with the Solicitors Regulation Authority . Copyright The information contained on this website is, unless otherwise stated, the copyright of Constantine Law. Users are permitted to read and make copies of the information on this site for their own personal use. Users may also provide copies to others for information purposes provided that they do so free of charge and abide by the conditions in this copyright statement. If a user make copies of information, the content of the published material and the copyright notices must remain intact, the user's communication of the content must not be misleading or inaccurate and the user must draw to the attention of recipients the warning in this notice. No other use of the materials published on this website is permitted without the express prior written consent of Constantine Law. Cookies Like most other websites, during the course of any visit to the Constantine Law website, we use small files which are stored on your hard drive by our browser ("cookies") to monitor your use of the website. Once you have closed your browser, we do not use the information these cookies collect. Security Constantine Law takes all reasonable steps to protect your personal information, however we cannot guarantee the security of any information you disclose online. By using the Constantine Law website you accept the inherent security implications of dealing online and will not hold Constantine Law responsible for any breach of security unless such breach has been caused by Constantine Law's negligence Rights You have the right to apply for a copy of the information we hold about you and to have any inaccurate information about you corrected. We reserve the right to levy a small fee for this. Contact Information If you have any queries regarding our legal notices please contact John Hayes on T: + 44 (0) 20 3696 8230 or via email at mail@constantinelaw.co.uk

We provide direct, solutions-orientated advice to our clients. Please see a list of services below or contact any of our senior team members for further details. Expertise: For Employers The core of Constantine Law’s client work is the vital “middle market” of UK employers. We provide direct, solutions-orientated advice to our clients. Many are owner-managed, and we have acted for them for many years. Our rates are competitive because we have eliminated many of the fixed overheads of traditional firms. We are a modern law firm for modern times, and we have re-engineered how we work to align with the needs of our corporate clients. Please see a list of services below or contact any of our senior team members for further details. Our core services CLEAR: Constantine Law Employment Annual Retainer Contracts and Handbooks Business Immigration Discipline, Grievances & Investigations Diversity & Equality Employment Litigation Equal Pay Executive Negotiations & Settlement Agreements GDPR IR35 In-house & Special Projects Outsourcing, Transactions & TUPE Recruitment Businesses Restructuring & Redundancies Training Whistleblowing Restrictive Covenants Business Immigration