Linky leads the Employment Team at Edwin Coe advising on the full range of employment related issues that arise for businesses and senior executives. She is best known for her work in connection with disputes and exits.

She adopts a holistic approach to workplace issues and understands that the legal aspects are only one of the many factors that drive resolution; as such, she works collaboratively with clients to examine the wider context, identify the commercial objectives and agree strategy accordingly.

 

Linky has been with the firm for over 30 years, initially advising on commercial litigation but focussing on employment related matters for the last 25 years. With her commercial litigation background and depth of experience, there is little that Linky has not seen before when it comes to employment relationships.

 

The profile of clients that Linky advises is sector agnostic but includes: professional services, financial services, data centres, pharmacology, hospitality, care, advertising, the creative industries and manufacturing.

 

Linky’s work includes:

 

  • Business Protection: Dealing with issues arising in connection with confidential information, team moves and post termination restrictions.
  • Discrimination: Advising on the full range of discrimination issues that can arise within a workplace with a particular emphasis on prosecuting or defending disability and sex discrimination issues.
  • Employment Related Contractual Disputes: Including commission and bonus claims.
  • Exits: Advising on processes and procedures to best protect a business, or prosecuting or defending claims that arise in the Employment Tribunal or High Court.

 

Linky understands that employment related disputes are personal, urgent and can be challenging for clients to deal with; her driving objective is to provide a responsive service that brings clarity to help clients make decisions that are right for them.

EXPERIENCE
Linky’s experience includes:
Advising an industry specific headhunting company in respect of the wholesale theft of data by client relationship manager moving to a competitor. Obtained an order for delivery up from the High Court and not withstanding consistent denials by the ex-employee, all confidential information was returned to our client upon service of the High Court Order.
Acting for a Senior Executive facing allegations of the misuse of confidential information which included demands for disclosure of communications by WhatsApp, private mobile phone and a private email account. Safeguarded our client’s private communications and secured substantial exit settlement.
Advising a partnership on complex disability discrimination issues arising with an under-performing employee. Dealt with the ‘decoupling’ of the under-performance issues with those arising from the employee’s ill health. We successfully supported the client in navigating careful engagement with the employee and Occupational Health, identifying issues arising, advising on reasonable adjustments and how to monitor performance in that context without exposing the client to an allegation of disability discrimination. No claims issued against our client.
Advising a Senior Executive who was suspended pending a disciplinary investigation in relation to an incident at work. Challenging the process adopted by the employer and requesting documents and information which included lodging a DSAR thereby identifying fundamental procedural failings by the employer. Examining key issues arising during the course of the previous 12 months which impacted the client’s health and contributed to the incident under investigation to redraw the narrative by the employer. Matter resolved by means of an agreed and orderly exit with a substantial payment being made to our client with neutral reference and agreed announcement.
Advising an Employer on a complex capability exit concerning a senior manager who had transferred to the business under TUPE with substantial sickness and contractual redundancy benefits. Assisted with the management of ongoing absences and the capability dismissal.
Advising a Senior Executive being subjected to a performance review for issues arising from their disability. Advising on possible claims arising and engaging directly with the employer in relation to its failure to make reasonable adjustments to our client’s workload or working conditions.
Advising an Employer on absenteeism and conduct issues arising with a member of staff struggling with alcohol abuse issues. Advised on appropriate support but ultimately progressed to a capability dismissal with no claims arising.
Acting for a Senior Executive in claims for pregnancy and maternity discrimination. Our client was made redundant whilst on maternity leave following the very premature birth of her baby. We were successful in securing a six-figure early settlement without the need for the issue of proceedings.
Advising an Employer on a wide ranging Global restructure to include the provision of template documentation on collective consultation process including the election of employee representatives and the required consultation process.
Advising a Senior Executive in relation to their dismissal for alleged poor performance following our client making protected disclosures about health and safety concerns. Achieved a substantial six figure settlement.
Advising an Employer on complicated TUPE issues arising after the successful bid for a design and build project. Our advice included an analysis of the relevant ‘economic entity’ transferring, quantification of possible claims arising and advising in respect of the management of the transfer.
Acting for a Senior Executive in claims for institutional race discrimination, disability discrimination and victimisation. Our client was a high performing individual who had been subjected to harassment on the grounds of race, and direct race discrimination (in terms of promotion and pay) for a number of years. They had been subjected to spurious disciplinary allegations in response to raising their concerns and their health had been badly affected by the campaign of abuse suffered. The employer sought to make our client redundant resulting in the issue of proceedings and an agreed and negotiated exit including a substantial settlement equivalent to approx. 6 years’ pay for our client.