Successful defence for a large employer against a claim of automatic unfair dismissal by an ex-employee on the grounds of whistleblowing. Work included advising and preparing pleadings and witness statements. The claim was successfully defended, and a full costs award made in favour of our client. We subsequently represented our client in relation to the enforcement of the costs award and proceedings brought by Claimant in the Employment Appeal Tribunal.
We acted for a multinational pharmaceutical company on TUPE issues arising out of the re-letting of a contract operated by a company in the UK to a company in another jurisdiction. Work included advising the internal legal and management team on the possible application of TUPE, the identification of potentially affected employees and achieving a commercial solution to ensure that there was not a break in supply. We advised on all legal, commercial and tactical issues arising in the absence of clear TUPE exit provisions in the outgoing contract and how best to achieve a cost-effective solution whilst maintaining good relationships with the outgoing and new contractors.
We represented an individual in the prosecution of the longest running employment tribunal claim, which resulted in one of the largest Tribunal awards made in the UK of £1.2million in favour of our client. The claim, which related to whistleblowing, disability discrimination and unfair dismissal, was issued in 2011, and the litigation concluded at the Employment Tribunal in February 2016.
HR and employment law support on a cross-border corporate acquisition
We provided HR and employment law support on a cross-border corporate acquisition including: reviewing due diligence, dealing with all employment issues in the Sale and Purchase Agreement, a Settlement Agreement for a departing Director and a new Contract for the remaining Director, and securing a new Sponsor Licence under Tier 2 of the points-based system for the UK company.
We have expert knowledge on the issues around sleep-in shifts in relation to working time, national minimum wage and compensatory rest. We frequently advise on these issues in the supported housing and care sectors. Common in those sectors are preferred shift patterns that challenge compliance with daily rest provisions under the Working Time Regulations.
Bullying and harassment
Acting as an independent investigator to investigate an organisational complaint of bullying and harassment made against an employee by another organisation in a complex situation involving the collaborative working of three public sector organisations. The complaints raised spanned 12 years, involved over two thousand documents and the analysis of extensive data. The results of our investigation have led to a milestone which has finally allowed progress in rebuilding relationships between the organisations.
Advising senior management and senior employees
We have extensive experience of advising senior management and senior employees when they have been asked to sign settlement agreements. We also have significant experience of advising groups of employees (including less senior employees) where the risk profile merits use of settlement agreements. This is often as part of a collective redundancy exercise and/or where voluntary redundancies are proposed.