We are known for our market-leading expertise in managing employment issues arising in the creative and media industries including broadcasting, theatre, film and TV, music, sport and fashion. More recent additions to our roster of expertise include the interactive entertainment space and advising social media personalities.
We provide advice on a full range of contentious and non-contentious employment law matters, including difficulties in employment relationships, recruitment and termination of employment, day-to day HR issues, employment contracts and policies, and providing support with employment claims in the Employment Tribunal and High Court.
Our employment lawyers work closely with our reputation management lawyers to advise on numerous matters involving high-profile individuals, whether they are exiting or starting employment or are subject to disciplinary and grievance investigations. In recent years, our practice has focused significantly on providing advice on the strategy and conduct of internal investigations into serious allegations of bullying misconduct, discrimination and harassment.
We also have experience in advising individuals at various stages of their careers, from junior employees to established senior executives. This includes creating and implementing appropriate employment terms and structures for fast-growing startup companies.
As of 26 October 2024, employers are legally required to take reasonable steps to prevent sexual harassment in the workplace (including sexual harassment by third parties). This is a significant change for employers, who will need guidance and training on mandatory next steps. You can see our write-up of the change in requirements here.
We are experienced in providing support and advice on actions that need to be taken regarding harassment, whether a complaint is made under the employer’s bullying and harassment or equal opportunities policies, a ‘protected conversation’ is initiated for a negotiated exit, or whether a claim should be brought and, if so, what the potential claim should be.
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Our layers of expertise
We offer guidance and support on actions to take when faced with bullying, harassment or discrimination in the workplace, such as making a complaint under the employer’s bullying and harassment or equal opportunities policies, initiating a ‘protected conversation’ for a negotiated exit or bringing a claim and, if so, what that potential claim should be. We have a proven track record in pursuing high value claims for victims of discrimination, bullying and harassment. Our clients’ objectives lie at the heart of our advice and from the start we will give a clear indication of how likely it is that a case will succeed.
What constitutes bullying, harassment and discrimination?
Poor treatment is not in itself unlawful discrimination, but poor treatment which is linked to a characteristic protected by the Equality Act 2010 could be. The protected characteristics are age, disability, pregnancy and maternity, race, religion or belief, sex and sexual orientation, gender reassignment, marriage and civil partnership status.
We have in-depth knowledge and experience of conducting high value litigation in both the Employment Tribunal and the High Court, which includes complex breach of contract claims, discrimination and harassment cases, whistleblowing, constructive and unfair dismissal cases and team move injunctions.
We are also very well-placed, given our extensive experience of conducting employment and personal injury litigation, to pursue work place stress claims in the High Court, arising out of breaches of the duty of care. These claims often occur through a combination of factors, including unfair treatment, bullying, harassment and excessive work demands.
Our unique insight and expertise in this area is noted in the legal directories and we are one of the few law firms that regularly conducts high value claims of this type, across a wide range of industries, including the legal sector, investment banking and against the NHS.
Resources
Redundancy processes are a difficult time for business leaders. There are many rules regulating the process and a misstep could result in a company being accused of unfair dismissal or facing expensive pay-outs to employees under the Trade Union and Labour Relations (Consolidation) Act 1992 in respect of collective redundancies.
We guide clients through individual redundancy processes as part of an ad hoc redundancy of one or a few individuals, or as part of a wider restructure. For larger redundancy programmes we can advise on whether the collective redundancy rules apply and help navigate the complex process including election of employee reps and collective consultation.
On a redundancy or restructure we will devise a commercial approach which complies with the relevant legal obligations and requirements, whilst taking into account wider issues of costs, employee morale, business continuity and business reputation.
The sale or purchase of a business can involve the complex issue of the application of TUPE (Transfer of Undertakings (Protection of Employment) Regulations 2006) including the obligation to inform and consult with relevant employees. TUPE may also apply when outsourcing services, bringing services in house or on the change of a service provider. Failure to understand and comply with obligations under TUPE can prove costly for an employer, potentially involving paying compensation to employees for failure to consult as well as liability for employees who have transferred over on a sale of a business or on a change of service provider.
On a transfer of a business or a service provision change, we can advise on whether TUPE applies and on obligations whether as a transferor or a transferee, including the consultation process and the negotiation of indemnities from the seller or purchaser of a business or an incoming service provider.
We advise directors and senior executives on all aspects of their employment relationship from negotiating terms to providing pragmatic legal advice when the employment relationship encounters problems.
We focus on our clients’ objectives and priorities and our advice is tailored to meet their desired outcomes. We understand that offering cost-effective and commercial solutions is especially important when acting for individuals.
The breakdown of an employment relationship and problems at work can be stressful, especially for directors and senior executives who invest significant time and emotion into working life. Difficulties may arise as a result of a restructure, a change in duties and responsibilities, discrimination, bullying and harassment, disciplinaries or grievances. We help to find amicable resolutions to workplace problems, taking into account each individual’s reputation and financial considerations, including advising on ‘without prejudice’ or ‘protected conversation’ negotiations and settlement negotiations. If it is not possible to resolve matters, we also have an excellent reputation in acting for executives in Employment Tribunal and High Court litigation.
We work with senior executives operating in a number of sectors, including media and entertainment, technology, fashion, retail, publishing, advertising, telecoms, investment banking, legal and accountancy.
Settlement agreements vary enormously in terms of their content and level of complexity. Having the benefit of a specialist employment lawyer to assist in negotiating the underlying commercial terms as well as the key drafting points can make a significant difference.
No two employment relationships are the same and we take time to understand each client’s particular circumstances and what they want to achieve, including beneficial tax structuring on termination payments and legal fee contributions. Our experience of advising employers provides us with an insight into which terms are commercially achievable and allows us to anticipate an employer’s approach to negotiations. We have extensive experience in assisting directors and senior executives negotiate agreements to achieve the most favourable outcome.
We provide straightforward and practical guidance to employers implementing employee incentives and to employees on receiving incentive awards. Our support may be ongoing or ad hoc, depending on preference and circumstance, and we can assist with data and process management, reporting and commercial advice.
Effective employee incentives that use the shares in a company can play a key role in recruitment, retention and motivation, as well as clearly aligning the interests of shareholders and employees. We advise on structuring and implementing incentives designed to improve business performance and help retain valuable staff.
We act for a range of large companies including several listed on AIM. We also advise executives and employees who are offered incentives involving their employing company’s shares.
We advise employers on protecting themselves against the threat of employees leaving and potentially trying to compete with their former employer. We work with our clients to put in place effective and legally binding post-termination restrictions in employment contracts to protect customers, suppliers, key employees, confidential information and trade secrets. If an employee or team is about to leave a business, we can help to enforce any restrictive covenants. We are also adept at dealing with highly tactical and complex legal issues that often arise in such circumstances, including dealing with the threat of High Court applications for injunctive relief.
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