employment: steering you successfully through employment rights and risks

employment steering you successfully through employment rights and risks

Did you know? • Did you know that an employee dismissed or disadvantaged through telling their employer about wrongdoing in the business can claim unlimited compensation even if they have blown the whistle over something the employer already knew? • Holiday pay must now include all elements of remuneration including overtime, commission and performance payments.

“ There is real value in businesses investing in getting their employment contracts fit for purpose.

We find so often when a problem arises that poorly drafted contracts hinder a speedy commercial solution.

There are also so many UK and EU rules that clients need practical advice on the right content for their business to achieve its strategic goals.�

Carolyn Brown, Partner Head of Employment, Howard Kennedy

1

The importance of employment law A company’s most valuable asset is often said to be its employees but without effective advice on the structure, processes and management of a workforce, business relations and operations can diminish that value rapidly. With a steady flow of new regulations too, understanding and adapting to fluid employment norms can be a daunting task, becoming more complicated by the day.

We provide the insight and advice you need to understand the remit, rhetoric and repercussions of the ever-changing legal landscape, whether that is the Transfer of Undertakings (Protection of Employment) initiative, data protection regulation, discrimination rules, reform of the Employment Tribunal or upcoming changes to maternity and paternity leave (better known as shared parental leave).

No matter what the shifting dynamics, we provide safe passage solutions and help shape your business functions. To comply with the law and minimise the risk of disputes: contracts need to be well-drafted; effective internal equality and reporting structures need to be in place; suitable training needs to be provided to management; restructuring procedures need to be carefully planned and delivered; disputes need to be managed.

We do all of that. And much more.

2

Our services Our team offers a partner-led service augmented by a group of high-quality lawyers to provide you with the depth of resources and expertise you need for all your employment issues. When you need to think through the practical effects of employment laws, Howard Kennedy covers day-to-day human resources functionality, employee restructuring, internal processes and polices.

Our experience includes: • All strands of discrimination and harassment • Board level advice • Confidentiality and business protection including reputation management issues • Cross-jurisdictional project implementation and termination claims

We know that disputes will inevitably arise.

Claims from dismissed or disgruntled employees can be unnerving and involve a host of emotions for both parties. The employee may feel they were unfairly dismissed while the company may take exception to allegations that it is discriminatory. There is also the potential impact on the workforce, financial ramifications and reputational damage, both to a company and an individual; you need to find the appropriate course of action each time.

Our team has handled all manner of dismissal, disciplinary and grievance issues, including internal investigations, as well as Tribunal and High Court claims. We also, where possible, explore the viability of alternatives to litigation depending on the specifics of a case.

• Employment contract preparation and policy guidance • Equal pay and other remuneration issues • Redundancy and reorganisation programmes • The application and effect of TUPE to outsourcing and other business transfers.

3

Market insight “ In our experience, when a company faces a dispute about discrimination the first question a tribunal judge will ask an executive is:

“ What is your company’s internal equality programme?”

We’ve seen many instances of executives saying they don’t know. More often than not, winning their case then becomes an uphill struggle.”

Carolyn Brown, Partner Head of Employment, Howard Kennedy

Recent work • Representing FTSE 100 global energy & natural resources business in successful defence of High Court contract claim by ex-employee • Providing strategic and employment claim defence advice to a leading luxury hotel • Advising a major media sector business on discrimination claims • Advising a top quality restaurant brand on business transfer employment workforce change • Providing national newspapers with employment and industrial relations advice • Providing financial services businesses with employee incentives claims advice

4

• Advising an iconic publishing business on employment relations management • Acting for a gaming industry operator on senior executive employment terminations • Advising a substantial construction company on self-employed workforce structures and remuneration • Providing multi-jurisdictional claims management including UK claims • Advising an acquiring corporate on employment rights including workforce change on insolvency.

“The ‘clever but pragmatic’ Carolyn Brown leads the team at Howard Kennedy, which is valued for its ‘commercial and business understanding’.”

Key contact Carolyn Brown Partner, Head of Employment carolyn.brown@howardkennedy.com +44 (0)20 3755 5390

“Jane Amphlett is recommended.”

Legal 500 UK 2014

“They are good at providing strategic advice and they are always on the lookout for things that are important to us.”

“They understand the commercial nature of things.

They are straight talking and deal with things in a sensible way.”

Chambers UK 2015

Chambers UK 2015

5

No.1 London Bridge London SE1 9BG DX 144370 Southwark 4 Tel: +44 (0)20 3755 6000 Fax: +44 (0)20 3650 7000 www.howardkennedy.com