
Employment
Wider Employment Issues for Businesses
“Edwin Coe rightly commands its position as a key firm, particularly of its Employment team. The practice has excellent breadth and depth of experience and is unique in its well-balanced delivery of professional litigation work alongside a dedicated and empathetic approach to its clients.”
Legal 500 UK 2022
Our other services include:
- Managing potentially litigious exits of Partners or LLP Members and navigating the required exit process to include the exercise of discretion and conducting investigations
- National Minimum Wage Calculations
- Advice on the calculation of Holiday Pay and potential claims arising, both contentious and non-contentious, to include advice on warranties and indemnities in business sale agreements
- Closure of final salary pension schemes
- Board level disputes
- Engagement of commercial agents and regulations governing agreements with commercial agents
- Regulation of employment agencies and employment businesses and the rights of agency workers, including contractual arrangements between end-user clients, recruitment businesses and temps/contractors
- Due diligence for clients and other legal firms on corporate transactions
- Commission and bonus disputes
- Responding to Data Subject Access Requests to include managing the redaction of documents and identifying documents ‘in scope’ with the use of our third party data management platform
- Consultancy arrangements and advice on IR35 and assessing employment status
- International Secondment Agreements
- General employment related litigation either in the High Court, County Court or Employment Tribunal including contractual claims, bonus disputes
- Advising on family friendly rights such as maternity leave and pay, paternity leave and pay, adoption leave and pay, shared parental leave and pay, bereavement leave etc
Examples of our work:
- Acting for a hedge fund LLP on all aspects of the expulsion of a senior partner, including advice on liability and rights under the LLP deed and restrictive covenants.
- Acting for a financial consultancy business to review and amend its LLP agreement so as to better protect the business and assisting with the exit of a partner and reaching an amicable resolution.
- Acting for a number of law firm LLPs in relation to their own employment issues to include advising on senior departures having regard to post termination restrictions, contractual disputes, flexible working matters and reviewing and amending contractual documentation. We have also advised in relation to LLP Agreements including complicated compensation provisions and deeds of adherence.
- Acting for a technology public company on the acrimonious exit of its CEO. To include advice to the company in respect of Remco’s consideration of performance conditions and the exercise for discretion of bonus and the rebuttal of allegations of a capricious exercise of discretion. Claims being asserted of in excess of £2 million resulting in no proceedings against our client.
- Advising of a pharmaceutical testing facility on the introduction of mandatory vaccinations for staff.
- Advising a care home provider in respect of issues arising with the calculation of national minimum wage and the interplay with the accommodation allowance and the calculation of holiday pay for workers with irregular hours and shift allowances etc.
- Advising financial services business on Consultancy Agreements and the impact of IR35.
- Advising a membership body in respect of the closure of its final salary pension scheme to all members.
- Acting for a start up in the pharmaceutical sector defending a claim for specific performance in respect of the allocation of shares to an employee. The claim was successfully defended and indemnity costs awarded in our client’s favour.
- Advising a boutique FCA registered trading entity in defence of a substantial claim for under-payment of commission, managing DSAR requests and the allegation of improper deductions of national insurance contributions. Matter ultimately resolved with no compensation payable.
- Advising a financial services firm on the exit and replacement of the senior management team, recovery of shareholdings, a successful reorganisation and ultimate sale to new investors. No claims arising against our client.
- Advising an investment management firm in relation to a complex international secondment arrangement.
- Businesses – Overview
- Capability Dismissals and Disability Discrimination
- Discrimination
- Family and Employment Law
- Misconduct, Poor Performance and Grievances
- Partnership Disputes and LLPs
- Restrictive Covenants, Confidential Information and Team Moves
- Restructures, Re-organisations, Acquisitions and Sales
Essential Reading
Vexatious Litigants: When the Claimant is not who they say they are
Employment Law: Is the Retained EU Law (Revocation and Reform) Bill, the real start of Brexit?
Update: Bill making it unlawful to withhold tips from staff achieves Royal Assent
Employment update – financial changes to expect from April 2023
Employers beware – New Vento bands in force from 6 April 2023
Lineker’s Twitter and Tax Tribulations: Employment Status and the Freelancer
The Government’s consultation on holiday pay – implementing Harpur Trust v Brazel
Update: Proposed measures to limit strike action to be expanded
Employment law – what to expect for 2023?
Flexible Working: the results are in
Clawback of Sponsorship Immigration Fees
Holiday pay for workers with no fixed hours: Clarity or more confusion?
Uber’s Artificial intelligence vs the Equality Act 2010
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Contact our Employment Team
telephone: 020 7691 4000
or email: enquiries@edwincoe.com