We have extensive experience on employment issues that range from the drafting of executive contracts, consultancy arrangements, drafting policies and staff handbooks to settlement agreements and severance packages.
We advise on all matters relating to employment in the workplace and which involve domestic and international employment law issues, including employer obligations on establishing businesses in the UK, hiring senior executives and other employees, terminating employment (including by collective dismissals) and the taxation consequences of such termination, settling disputes including by a settlement agreement, drafting or reviewing employee/company/staff handbooks, individual and mass redundancies and consultation requirements, the effect and validity of restrictive covenants, dual contract arrangements and the international movement and transfer of employees.
We also advise on constructive and unfair dismissal, litigation in the employment tribunals generally, sexual harassment and love contracts, all areas of discrimination and harassment, sickness, employer options if employees abuse information technology systems including under the Obscene Publications Act, subject access requests under the Data Protection Act and other issues under that act and health and safety issues as it relates to an employment situation.
We are business lawyers and regularly advise our clients on the employment aspects of insourcing or outsourcing businesses or parts of businesses, particularly on the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”).
In employment tribunals, in appropriate cases, we work with barristers on tribunal matters, but in others, where it is appropriate, we undertake advocacy ourselves. Jessica Learmond-Criqui trained as a barrister and is also a Solicitor Advocate.
We provide a one stop shop to employers with interests abroad who wish to have a UK adviser co-ordinate advice on employment matters in Europe and elsewhere.
Some specific examples of our expertise in employment law are set out below.
- Represented an international publishing company in employment tribunal proceedings including advocacy before the tribunal in relation to proceedings brought by an ex-employee for constructive and unfair dismissal and sex discrimination.
- Represented an ex-employee of a publishing company in an employment tribunal claim for constructive and unfair dismissal.
- Advised an employee of a private educational establishment on unfair dismissal and whistleblowing claims which was successfully fought in the employment tribunal.
- Represented 109 employees in employment tribunal proceedings brought on their behalf under the Transfer of Undertakings (Protection of Employment) Regulations 1981 (TUPE) following the receivership of their ex-employer, Yardley of London Limited, and their subsequent redundancy.
- Advised a multi-national electronics company, global merchant bank and international transport group on the establishment and continued operation of their European Works Councils.
- Advised a global management consultancy on the employment aspects of outsourcing implications of their acquisition of the financial services division of a UK retailer.
- Advised an international medical equipment group on closing factories, mass redundancies, the employment aspects of the transfer of businesses including TUPE issues and its consultation obligations with employees.
- Advised on the strategic transfer of the estate to the private sector (STEPS) which dealt with the transfer of the entire property estate of the Inland Revenue and Customs and Excise to the private sector.
- Advised on labour law aspects and particularly the Retention of Employment Model for the Principal Service Provider in the negotiation of one of the largest ever PFI hospital projects to provide a new 1300 bed acute hospital with separate mental health and clinical sciences units at a total capex of £360m (Coventry v Warwickshire NHS Trust, Coventry Primary Care Trust). The project saw non-clinical services provided to the Trusts for 35 years and was the first to adopt the Retention of Employment Model.
"Jessica and I both worked at Fladgate Fielder and I can honestly say she is one of the hardest working lawyers I know, often working late at night and during her holidays. She provides practical advice with an experienced and realistic view on potential outcomes. Jessica is not afraid to take on large organisations and deal with complex matters involving numerous witnesses and vast amounts of detailed information. Jessica is very knowledgeable, professional and personable and I have a very high regard for her legal skills."February 10, 2011
Nistha Jeram-Dave, Assistant Solicitor, Fladgate LLPworked with Jessica at Learmond Criqui Sokel LLP, Employment Law and Executive Immigration