employment advising on employment rights and wrongs
Did you know? • Once an employee has been with you for six months they can apply for flexible working terms whatever their reason • If you still have a retirement age in your employment contract, you are likely to be discriminating against your workers on the grounds of age.
“ 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
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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.
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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 • C ross-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.
• E mployment contract preparation and policy guidance • Equal pay and other remuneration issues • Redundancy and reorganisation programmes • T he application and effect of TUPE to outsourcing and other business transfers.
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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 • r epresenting FTSE 100 global energy & natural resources business in successful defence of High Court contract claim by ex-employee • s trategic and employment claims defence advice to leading luxury hotel • d iscrimination claims for major media sector businesses • b usiness transfer employment workforce change guidance to top quality restaurant brand • e mployment and industrial relations advice for national newspapers • i ncentives claims advice to financial services businesses
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• e mployment relations management for iconic publishing business • a cting for gaming industry operator on senior executive employment terminations • a dvising substantial construction company on self employed workforce structures and remuneration • m ulti jurisdictional claims management including UK claims • b usiness transfer employment advice to acquiring corporates 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’. Taj Rehal provides ‘superb’ advice and is ‘willing to go the extra mile’, and Jane Amphlett is recommended.” The Legal 500: The Clients Guide to the best Law Firms 2014
Key contact Carolyn Brown Partner, Head of employment carolyn.brown@howardkennedy.com +44 (0) 20 3755 5390 Key Clients Guardian Media Group plc The Children’s Investment Fund Tragus GFI Holdings Limited Foxtons The Condé Nast Publications/ International Ranking Chambers Ranking: Band 4
“They provided strategic thinking during the case.”
“Their work quality is first class; they are efficient and offer commercial and pragmatic advice.”
Chambers and Partners: A Clients Guide to the Legal Profession 2014
Chambers and Partners: A Clients Guide to the Legal Profession 2014
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