Corporate Research Forum HR Business Partner Symposium 9th September 2015
HRONES
GAME OF T
How HR mistakes sink empires… Page 2 © Bird & Bird LLP 2015
"Employment law is complicated and demanding in many legal systems, but employers are expected to know it. They can also reasonably be expected to know how they should approach making important decisions which they are required or empowered to make under the terms of the employment contract‌.."
Page 3 Š Bird & Bird LLP 2015
Immigration A lawful beginning…
Page 4 © Bird & Bird LLP 2015
Even the Attorney General didn't get it right‌and paid the price
Page 5 Š Bird & Bird LLP 2015
Managing poor performance A perennial battle‌
Page 6 Š Bird & Bird LLP 2015
Are your processes robust enough to withstand a fight?
"Performance management is increasingly seen as the bedrock of HR practice – but many organisations are providing only rudimentary feedback that doesn’t meet employees’ needs" CIPD/Halogen Employee Outlook Survey, Spring 2015
Page 7 © Bird & Bird LLP 2015
Collective redundancies Navigating the traps‌
Page 8 Š Bird & Bird LLP 2015
Planning and due diligence is key! Ø Calculate employee numbers Ø Be aware of the 'spread' Ø Check employment contracts Ø Act with considered transparency Ø Treat employees with respect
Page 9 © Bird & Bird LLP 2015
Restrictive covenants and team moves The mythology and trickery‌
Page 10 Š Bird & Bird LLP 2015
"As cunning as a fox… …what used to be Professor of Cunning at Oxford University but has moved on, and is now working for the UN at the High Commission of International Cunning Planning"
Page 11 © Bird & Bird LLP 2015
The Apocryphal myths Ø Ø Ø Ø Ø Ø Ø Ø
Covenants are not enforceable / nobody enforces them They can't prove anything It's a free world It's not really soliciting I can do it in my own time I can just get someone else to do it It's okay, I haven't got a contract They haven't suffered any loss
Page 12 © Bird & Bird LLP 2014
Privilege A weapon (for good and bad)…
Page 13 © Bird & Bird LLP 2015
It's a brain teaser!
Page 14 Š Bird & Bird LLP 2015
Keeping up-to-date Ignorance is no defence…
Page 15 © Bird & Bird LLP 2015
Page 16 Š Bird & Bird LLP 2015
Thank you james.froud@twobirds.com and emily.clark@twobirds.com Bird & Bird is an international legal practice comprising Bird & Bird LLP and its affiliated and associated businesses. Bird & Bird LLP is a limited liability partnership, registered in England and Wales with registered number OC340318 and is authorised and regulated by the Solicitors Regulation Authority. Its registered office and principal place of business is at 15 Fetter Lane, London EC4A 1JP. A list of members of Bird & Bird LLP and of any non-members who are designated as partners, and of their respective professional qualifications, is open to inspection at that address. twobirds.com