Our Experience

Examples of recent work which we have been involved in includes:

Advising a well known retailer in a dispute with the Managing Director of a joint venture company. We were initially called in to investigate allegations of misconduct on the part of the Managing Director. The outcome of the subsequent disciplinary hearing was that the Managing Director was dismissed for gross misconduct. The Managing Director appealed against the decision and we advised on the appeal which was unsuccessful. Following this we instigated proceedings on behalf of the company against the Managing Director. He counterclaimed for wrongful dismissal. Interestingly he made no claim for unfair dismissal which in the end may have been telling. Judgment was given in favour of our client.
Acting for the Respondent (a roofing business) in a claim for unfair dismissal. The claim was brought by the son of the owner of the business / respondent – which added a considerable amount of emotion to the claim. The matter was listed for a 5 day hearing (with a total of 12 or so witnesses), with two preliminary hearings necessary. Throughout the course of the proceedings we discovered that it appeared as though the Claimant had been defrauding the family business for a number of years. Following our discovery and shortly before the final hearing the claimant withdrew his claim on the agreement that we would not pursue him for costs.
Advising a UK subsidiary of a US parent company on its proposed reorganisation and redundancy programme, including preparation of timetable for consultation procedure, draft letters and related documents; liaising with and providing ongoing advice to US and UK based management; preparing and finalising compromise agreements where appropriate/necessary.
Conducting a large number of Employment Tribunal claims for a national sports goods retailer, with a brief to achieve a swift, economic solution without the need to proceed to a full hearing where appropriate, for instance in cases of procedurally unfair dismissal. Notable cases included an unfair dismissal claim arising from the summary dismissal of an employee for publishing disparaging remarks about the client on her MySpace page, which the client wished to defend to a full hearing given the circumstances. Although the dismissal was held to be unfair, owing to a breach of the statutory dismissal procedure then in force, the Employment Tribunal made a minimal award.
Advising client in relation to performance management procedure regarding its Managing Director, who was also a minority shareholder in the company, including creating strategy to minimise risk while aiming ultimately to achieve a fair termination of employment. Ongoing advice on procedural and tactical issues. Protracted and detailed negotiations leading to eventual settlement by way of a compromise agreement governing a three-month handover period, closed by second compromise agreement at termination.
We regularly advise on arrangements for managing the termination of employment and staff, particularly senior staff. This would involve negotiating terms, drawing up and settling appropriate Compromise Agreements and dealing with post termination restraints.
Advising a charitable foundation, in a case concerning the dismissal of a pregnant employee during her probationary period. The employer had no HR personnel and relied heavily on voluntary trustees in carrying out disciplinary and associated functions. We advised both on dismissal and the handling of the appeal. We advised that the charity use a barrister to hear the appeal as an independent outsider and the appeal decision resulted in the charity being able to mount a strong defence when the employee took her case to tribunal. We then acted pro bona in advising on and participating in judicial mediation, which achieved an economic settlement for the charity.
Acting for a London-based construction company in a case of sex discrimination and constructive unfair dismissal. The culture in the company was informal, yet the employee’s case was one of harassment and placed great reliance on remarks made within the atmosphere of the work place. The employee was claiming compensation in the region of £65,000. We took part in judicial mediation, which resulted in a settlement of under £20,000.
Advising numerous businesses on the drafting of necessary HR documentation such as contracts of employment, staff handbook, employment policies and practices.
Advising on Employment issues arising out of various Corporate and Property transactions, including conducting due diligence; advising on TUPE, illegal working/business immigration issues; and liaising with client/corporate colleagues.