Marian Derham advises clients on a full range of contentious and non-contentious employment law issues. She has developed particular expertise acting for senior executives/directors at the highest level in sectors including, TV, Film, Theatre, telecoms, advertising and publishing, investment banking, and professional services, negotiating and advising on both exit strategies/termination packages and contractual arrangements.
Marian regularly provides employer clients with strategic legal advice on redundancies and reorganisations, disciplinaries grievances and Board/director disputes and senior executive appointments and exits.
Having previously been a partner in the Corporate Group in the earlier part of her career at the Firm, Marian’s experience within the corporate environment means she is well placed to advise on the employment aspects of mergers and acquisitions, negotiating commercial contracts and advising company directors.
One of Marian’s clients, a sales director at a leading fashion retail company, said the following about her: “I found Marian to be professional and reassuring in very difficult and tense circumstances. She was always responsive, worked with a great sense of urgency and had a tremendous grasp of important detail, whilst being extremely knowledgeable in her field. She had a great attitude to overcoming all obstacles and her gravitas, and overall command of the situation contributed to a very positive outcome.”
- Termination of employment, exit negotiations and appointments
- Performance management
- Bullying, harassment and discrimination
- Complex grievances and disciplinaries
- Constructive dismissal and breach of contract
- Maternity and parental rights; flexible working requests
- Employment issues relating to company share sales and/or Board restructures
- Sickness absences and capability
- Service contracts, employment contracts, freelance contracts, and consultancy agreements
- Restrictive covenants
- Outsourcing and in sourcing and TUPE issues
- Working Time Regulations
Examples of Marian’s work for employer clients include:
- Advising a prominent luxury fashion house on all aspects of employment advice including day to day issues and strategic employment advice
- Advising a well-known Theatre production company on their Board restructure and advising the directors on strategic employment issues
- Acting for an international television company on its redundancy process and closure of its UK business
- Acting for a well-known charity providing niche employment advice for its sector and dealing with a wide range of employment issues as they arise
- Advising an international charity on its collective redundancy programme
- Acting for producers of a West End production on a gross misconduct dismissal of a lead artist
Examples of clients that Marian has acted for includes:
- The Founder and Chairman of a major music Group as part of the sale of his shareholding in the Company and his new arrangements as Non-Executive Chairman
- Chief Financial Officer of UK mobile network on their termination package (including bonuses/share options/LTIPs) following the acquisition by a Plc.
- CEO of Advertising Agency on the negotiated termination of her employment.
- Global Head of HR of a publicly-listed international travel organization on their termination of employment and favourable severance package
- A Chairman of an international charity on their appointment and negotiation of contractual terms
- An Executive Producer on their appointment to a West End theatre
- An Executive Producer on a negotiated exit from a leading Theatre Production company
- Acting for a number of senior solicitors of a Magic Circle law firm on various issues including unfair constructive dismissal, sex discrimination and maternity discrimination and achieving desired exit outcomes
- The Director of Tax at a Big Four accountancy firm on his complex and high value exit negotiations
- A Group Finance Director on his exit arrangements from a major Broadcaster and his subsequent appointment to a Plc
- A Director of a luxury magazine on their multiple grievances against a major publishing house and securing desired exit arrangements
Marian has celebrated a career of more than 30 years at Harbottle & Lewis having joined in October 1984, becoming a Corporate partner in 1989. She founded the Employment Group in 2000.
- Qualification date: October 1984
- Academic qualifications: LLB (Hons) 1981