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r e e d s m i t h . c o m Labour & Employment

ReedSmith The business of relationships.SM

Labour and Employment

2015


ReedSmith Labour & Employment

Reed Smith Employment Group

Reed Smith’s Employment Group, which is part of one of the largest employment groups in the world, is entrusted

with a full range of employment matters for clients, providing practical and solution-focused legal and commercial

advice for day-to-day matters and sensitive, complex cases and transactions.

The group has significant experience acting for clients in a wide range of sectors including financial services,

telecommunications, media, retail, pharmaceutical and executive search. Major clients of the group include the Royal

Bank of Scotland Group, British Telecommunications Plc., Heidrick & Struggles, PricewaterhouseCoopers, Microsoft,

BTG Pactual, Tiffany, AXA Investment Managers, Koch Group, BBC, Channel 4, ITV, IMG Media, FXCM, and Harris

Corporation. The group is recognised in the leading UK legal directories, with the “quality of tactical and strategic

advice” provided by Reed Smith being described as “really excellent”

The group currently comprises four partners, one counsel, eleven associates, two trainee solicitors and one paralegal.

The group also works closely with Reed Smith’s Pensions Group and dedicated employment incentives lawyer,

Jeremy Glover, in order to provide its clients with a comprehensive service.

Our clients instruct us on their domestic and wider international needs. Reed Smith is a truly international firm and can

provide employment advice for numerous jurisdictions including Europe, the Middle East, Far East, America and also

has a comprehensive global network of co-counsel, practising in the locations where Reed Smith does not have an

office, with whom we have an embedded, longstanding and trusted relationship. We appreciate that multi-

jurisdictional issues are an increasingly common issue for employers and our international reach is a key asset to

clients in these situations. Our unified approach allows us to provide a seamless and consistent level of service

delivery at all times.

Key Strengths

Reed Smith’s Employment Group has considerable experience advising on a wide variety of transactional and

contentious matters. In particular, the group is proud of its expertise in advising on key market issues, developments

and appropriate resulting strategies, and its ability to unravel complex legal issues and find commercial solutions.

Please see the below examples of the various projects recently handled by the group which give an indication of the

wide range of areas where the group works with clients to achieve a successful conclusion.

Strategic Advisory Service. Our experience means that our advice assists clients in getting to where they want to be

in as risk free and reputationally protective way as possible.

We have significant experience dealing with strategic advisory matters and day-to-day employment issues. We

provide commercial, highly responsive advice in order to ensure that clients remain in control of their employment

relationships. Our aim is to act as an extension of clients’ in-house team to provide support on matters as they arise.



The group has considerable experience advising on clients’ employment projects such as contract and benefits

alignments, the employment aspects of reorganisations and the introduction and implementation of policies in the

workplace.

Examples of our experience in this area include:

Advising an international entertainment company on a substantial and sensitive internal investigation into potential

wrongdoing by both senior employees and external contractors. The investigation uncovered a number of serious

issues which ultimately led to the dismissal of the client’s most senior employee in the UK. We are continuing to

advise the client on the cultural changes necessitated by the investigation findings.

Advising an overseas-based manufacturer upon dismissals of senior employees in the UK for undertaking

competitive activities, and on other measures to protect the client’s business.

Advising on a £1bn advertising sales contract between Channel 4 and UKTV, owner of channels including Dave and

Gold, to handle its TV and online advertising sales for the next 10 years. Advice included transfer of employment

issues, information and consultation obligations, offers of employment, periods of restriction and all negotiations on

employment matters with UKTV and other interested parties.

Advising a large international law firm regarding a highly sensitive, and potentially explosive, sex discrimination claim

which involved complex issues at an early stage and resulted in a favourable settlement for the client.

Advising a large UK bank on the issues involved in dismissing a very senior executive on secondment in a foreign

jurisdiction.

Global Projects. Our group runs global employment projects which deliver business critical advice efficiently and

consistently throughout the world. A dedicated team is able to manage and coordinate the delivery of advice across all

jurisdictions, in an aligned and unified way with a focus on a practical, integrated, high quality client product.


Advising a large global company on the overhaul of its employment documentation and practices, including carrying

out due diligence of existing practices, advising on improvements and preparing documentation, all on a global scale.

Advising a major global financial institution on highly sensitive and high-profile bonus issues. The project included the

global handling of grievances by employees, creating and implementing bonus policies and contract terms and

assimilating the advice of lawyers in 23 countries and in the context of a challenging financial and political climate.

Reviewing a major financial institution’s business protection provisions including restrictive covenants and garden

leave arrangements in respect of managerial and executive-grade employees, and drafting appropriate processes

and procedures to best protect the client’s business interests throughout the globe.

Defending bonus deferral claims for a global financial services institution across 46 jurisdictions worldwide.



Advising on the legal risks inherent in designing and implementing new remuneration structures which practically

removed guaranteed compensation elements, and focused exclusively on performance- related compensation across

15 jurisdictions. With issues identified in multiple jurisdictions, all advice and guidance was delivered seamlessly for

Board review.

Conducting a review of disciplinary and dismissal law in 46 jurisdictions for a major financial institution in order to

establish a ‘knowledge bank’ e-room service.

Conducting a review of the service agreements of a large banking group’s global executive population, with a

particular focus on entitlements on severance and the legal and financial implications of such entitlements.

Redundancy and Reorganisations. Our expertise includes formulating, negotiating, implementing and advising on often

complex redundancy and workforce restructuring programmes including individual and collective consultation and

harmonising terms and conditions.


Advising a global executive search company on a large scale work force reduction including office closures and

headcount reductions in 23 jurisdictions. We were able to maximise our strong relationships and connections with

high-quality law firms outside of the Reed Smith network of offices to ensure the client received consistently high-

quality advice and support.

Providing advice to a key international client regarding collective redundancy and TUPE consultation requirements

relating to a large-scale outsourcing. We also provided close support in carrying out each of the consultation

processes and diffusing hostility from a number of employees.

Advising a global manufacturer on the closure of its operations on the Isle of Wight, including the collective

redundancy process. This matter involved a very high-profile and sensitive industrial dispute. With our guidance and

advice, the matter was resolved and the operations closed.

Advising a global foreign exchange organisation on the employment aspects of the closure of its worldwide

operations, and an international marketing communications and marketing service business on the significant

downsizing of its global workforce.

Outsourcing and Corporate Support. The group has an extensive knowledge of and experience in advising on all the

employment aspects of asset transfers, share sales, group reorganisations, outsourcing and offshoring.

We have advised major financial institutions and FTSE 100 Companies on numerous transactions, often across many

jurisdictions. Examples of our experience in this area include:

Advising British Telecommunications plc. on the employment aspects of a large and complex outsourcing deal with a

major financial institution, with a deal value of approximately £800m. The matter was complicated by many outgoing



service providers. The group’s specialist expertise ensured that adequate protection was obtained for the client in

respect of employee matters and risks.

Advising British Telecommunications plc. on the employment aspects of approximately 95 outsourcing transactions

and TUPE related matters in the past three years, including multi-jurisdictional and government and local authority

outsourcing.

Advising on the employment aspects of a £1bn deal between BT and Orange for BT to provide Orange’s broadband,

including drafting the contractual documentation between BT and Orange.

Advising on the employment and pensions aspects of a £100m outsourcing deal between BT and the MOD.

Advising on its proposed use of a joint venture company with a local authority, including the employment issues

associated with seconding employees under a retention of employment model.

In all these cases, the client’s interests have been protected to ensure no surprise risks are inherited and no adverse

reputational matters arise.

Advising Harris Corporation, a major international communications and information technology company, on a multi-

jurisdictional acquisition spanning 52 different jurisdictions. This complex matter involved the coordination of legal

advice regarding the different approaches taken to the transfer of businesses in different jurisdictions. The client

commented that the level of service it received was exceptional and the team was always responsive and provided

advice in a timely manner despite working with a large number of different time zones.

Advising a major financial institution on a multi-billion pound outsourcing of its IT functions across 47 jurisdictions and

advising on the unwinding of certain elements of the outsourcing.

Advising Channel Four on TUPE aspects of several transactions, including how to unwind a joint venture

arrangement with complex splitting of employees’ provisions.

High Court Employment Litigation. We also have significant experience in employment litigation before the High Court.

We believe our expertise as specialist employment litigators gives us an edge over our opponents. We have achieved

great success in cases concerning bonus disputes and the protection of employers’ business assets, including in

enforcing garden leave, team moves and post-termination restrictive covenants and dealing with the protection of

confidential information. The group has the skills and experience to manage key litigation concerns such as financial

exposure, reputation and precedent setting.



Examples of our experience include:

Leading the defence on behalf of a major financial institution on the deferral of UK bonuses. A number of cases were

brought with a precedent value running into millions of pounds. These were complex, and reputationally extremely

significant, claims for our client. We successfully defended 100% of these cases.

Acting for a major financial institution in bringing “without notice” interim-injunction proceedings against a former

consultant for breach of express and implied confidentiality obligations. An interim-injunction was obtained and all of

our client’s confidential information was recovered, leading to a settlement favourable to our client being reached.

Acting for a global financial institution in obtaining ex parte injunctive proceedings against a former managing director

involving obtaining a High Court “door-step” order for delivery-up of confidential information and other company

property.

Employment Tribunal Service. Our aim is always to be commercial and provide a bespoke tailored service. We

appreciate the importance of any claim to our clients, and have the skills and experience to work with clients to manage

key concerns such as financial exposure, reputation and precedent setting.

In dealing with Employment Tribunal cases we will:

Be flexible and deliver our services according to our clients’ requirements.

Act in accordance with our clients’ values.

Provide our clients with an early case assessment detailing the risks of and strategy for the case.

Proactively manage the case in line with the agreed strategy.

Keep our clients advised on developments and issues which could affect strategy.

Assist our clients in managing reputational risks including press interest in high-profile cases.

Be proactive in raising with our clients any trend of problems or particular issues which we identify during the course

of the case and work to remedy the problem.

Examples of our recent experience include:

Successfully defending Channel 4 and IMG Media in a high value, high profile age discrimination claim by John

McCririck, former presenter for Channel 4 racing.

Advising a large provider of financial services in relation to multi-party litigation involving 25 claimants in the

Employment Tribunal for breach of contract arising from redundancies made in consequence of the closure of one of

the client’s business units.



Acting for a global financial services business in defending a number of Employment Tribunal claims including issues

regarding unfair dismissal, discrimination and whistleblowing claims.

Acting for a leading broker replacement company in defending an Employment Tribunal claim brought by a senior

employee for constructive dismissal and whistleblowing.

Defending a substantial whistleblowing claim brought by a senior employee of an international company.

Employee Benefits. We find solutions for our clients to the challenges of offering equity-based compensation

programmes across the world. Our team has managed global equity compensation plans in many jurisdictions and

worked with more than 100 multinational companies on the design, implementation and operation of their equity

programmes. In each case, we were able to help them avoid legal, cultural and other issues as they roll out their

programmes in each jurisdiction.

We advise on both stock-based and cash-based compensation programmes including stock options, stock purchase

rights, restricted stock, restricted stock unit, performance shares, phantom shares and stock appreciation rights.

Implementation of such compensation programmes abroad can be complex and filled with obstacles and we are there to

help our clients meet the challenges.

The largest hurdles come in the form of cultural, tax and legal issues that vary greatly from country to country, including

within the EU. If a company fails to identify these issues, this can result in fines, unnecessary tax and other penalties,

administrative costs and adverse employee issues. The key is to assess the cultural, tax and legal landscape in each

country before rolling out the programme to the local employees.

Training and Legal Updates. The group puts a strong emphasis on delivering know how to its clients through our

seminar programmes. Our fresh approach to offering clients a choice of several round-table break-out sessions covering

topical issues most relevant to them, has proved very popular. Recent topics include Stress and Depression, Agency

Workers, a Discrimination Update, Restrictive Covenants, The Maritime Labour Convention and an International Issues

Update.

The group is also committed to running exclusive roundtable seminars attended by senior HR directors and in-house

lawyers of our top established clients. These forums allow industry specialists to share insights into current legal

developments in an informal environment.

In addition to the above, we also regularly provide our clients with bespoke training sessions.

As a team, we are proactive about telling our clients what should be on their radar in terms of future developments, and

what steps they might want to take to get in front of any future changes.

Our clients can also choose to receive our worldwide employment law blog updates (www.employmentlawwatch.com)

which covers important legal issues that may affect our clients and includes practical “next steps” advice.

http://www.employmentlawwatch.com/



Employment Group UK Team

Robin Jeffcott (Partner – Vice Chairman Litigation EMEA) – Robin is the co-global practice group

leader for Reed Smith’s Labour and Employment Group and also heads up the UK team. Robin acts

for a diverse range of clients, with particular experience in the financial sector acting for investment

and High Street banks, investment managers, professional partnerships, trading houses and

insurance companies, many with an international presence. Robin has many years of experience in

managing large projects which are often of an international nature and encompassing complex legal

issues and highly sensitive and important business considerations. Robin is described as "relentlessly

thorough and incredibly hard working in getting results for his clients" by a leading UK legal directory.

Thomas Ince (Partner – Deputy Practice Group Leader EMEA) – Thomas has significant

experience in strategic employment matters, including particular expertise in the employment aspects

of business transfers, and regularly provides strategic advice on restructuring situations. Thomas has

considerable experience in international outsourcing deals as well as in guiding employers through

disciplinary and grievance issues and performance and sickness management. A client recently

commented: “Thomas is responsive at all times, however complex the issues are, and has guided us

through the minefield that is employment law. His analysis and advice is noted for its clarity and

attention to detail".

Laurence Rees (Partner) – Laurence has specialised in employment law since 1980 and advises

clients drawn from a wide range of industrial and commercial sectors, on all aspects of employment

law. Laurence has extensive experience of service agreements and other contracts of employment,

and of consultancy arrangements, the employment aspects of transactions, and executive

compensation. He is regularly instructed on redundancy and workforce restructuring exercises, and on

the employment aspects of outsourcing. Laurence frequently advises on terminations of employment,

often at boardroom level, and the negotiation and documentation of settlement terms.

Graham Green (Partner) – Graham has extensive experience in all aspects of employment law

across multiple jurisdictions, including outsourcing (domestic and international), numerous high-profile

TUPE transfers, all other types of transactional work, High Court litigation and the management of

significant employment projects. Graham’s clients include global financial services companies, media

and communications organisations and FTSE 100 companies.

Michael Smith (Counsel) – Michael undertakes a broad spectrum of employment work. He advises

clients in contentious matters and has been involved in a large number of Employment Tribunal cases.

Michael has also been heavily involved in the employment aspects of a number of corporate

transactions, both business sales (involving the application of TUPE) and share sales, and outsourcing

matters. Michael advises on many areas of employment law including recruitment, termination, HR

policy issues, post-termination restrictive covenants, discrimination, bonus disputes and individual and

collective redundancy situations, a number of which include multi-jurisdictional issues.

Helena Tiernay (Senior Associate) – Helena regularly acts for employers (particularly in the financial

services sector) defending Employment Tribunal claims, and also in the High Court. She also advises

clients on individual and team moves including the enforcement of garden leave provisions, restrictive

covenants and confidentiality obligations. Helena also has experience on a broad range of issues

including discrimination, disciplinary and grievances, whistleblowing, bonuses, breach of contract,

maternity and parental rights and redundancy. Helena has been on secondment to a key client of the

group on two separate occasions.



David Ashmore (Senior Associate) – David has experience of providing advice on day-to-day

employment matters as well as providing strategic advice on large scale projects and transactions

particularly in the financial services sector. David has spent considerable time on secondment to one

of the group’s major financial institution clients.

Carl De Cicco (Senior Associate) – Carl has extensive experience of providing strategic advice on a

range of transactional matters, often with an international element, in a number of industries including

financial services, media and pharmaceuticals. Carl provides focused and commercial advice on a

daily basis on a broad range of matters including executive hiring and firing, bonus and restrictive

covenant disputes, disciplinary and grievance procedures, performance and sickness management,

discrimination issues and issues arising from maternity and other parental leave. Carl also regularly

conducts employment litigation on behalf of employers.

Eleanor Winslet (Senior Associate) – Eleanor has a broad range of experience advising clients,

including financial and professional services, and defending unfair dismissal, discrimination and TUPE-

related claims. Eleanor also provides advice on day-to-day employment issues and has experience

working on larger-scale projects such as advising on change of terms and conditions and collective

redundancy processes. Eleanor has significant experience working in-house, and her secondments

include placements at one of the group’s major financial institution clients and a telecommunications

company.

Tom Remington (Associate) – Tom regularly acts for employers in the financial services, advertising

and marketing, life sciences and insurance sectors on a broad range of areas including executive

terminations, disciplinary and grievances procedures, redundancies and discrimination and

whistleblowing issues. Tom continues to act for clients in Employment Tribunal claims and also has

experience in disputes concerning restrictive covenants and garden leave and the retention and

misuse of confidential information. Tom has also spent time on secondment at a key client of the

group.

Tom McLaughlin (Associate) – Tom advises on all aspects of employment law. His Employment

Tribunal experience includes defending claims on unfair dismissal, discrimination, equal pay and

whistleblowing. Tom also has experience in High Court proceedings regarding employee competition

and post-termination restrictions. Tom advises on the employment aspects of corporate transactions

and outsourcing situations. Tom regularly drafts employment contracts and policies, and has particular

experience advising overseas clients wishing to establish a market presence in the UK. Tom’s

experience also includes two secondments to in-house legal departments: one at a global cosmetics

brand, the other to a London market insurer.

Priya Magar (Associate) – Priya has acted for clients on a range of Employment Tribunal matters

including unfair dismissal and discrimination. Priya also advises clients on general employment

matters such as redundancy, contracts of employment, HR policies, recruitment and managing staff

exits. Priya has recently been on secondment to a multinational energy and commodities trading client,

providing advice on a number of issues including on contracts, handbooks and family friendly policies.

Jo Powis (Associate) – Jo regularly acts for employers in defending Employment Tribunal claims. Jo

advises on a wide range of employment matters including grievance and disciplinary processes,

fairness of dismissals, redundancies and restructures and discrimination issues. Jo also regularly

drafts and advises clients on contracts of employment and HR policies and procedures. Jo has

experience working on large-scale projects such as global restructuring processes and restrictive

covenant disputes.



Ed Hunter (Associate) – Ed joined the Employment Group on qualification in February 2013. Ed

recently worked on a large and complex disability, race and sex discrimination claim. Ed has

experience working on global projects and advising on a range of employment matters.

Amy Ferrington (Associate) – Amy joined the firm as a trainee in 2011 and qualified into the

Employment Group in September 2013. She already has experience of a broad range of Employment

Tribunal claims, covering issues including discrimination, unfair dismissal and whistleblowing. Amy

also undertakes advisory work for clients in industries including financial services, telecommunications,

media, insurance and luxury retail.

Laura Phillips (Associate) – Laura joined the firm as a trainee in 2013 and qualified into the

Employment Group in February 2015. Laura has recently worked on a global advice project in over 18

jurisdictions and has experience of Employment Tribunal claims covering issues such as disability

discrimination, unfair dismissal and redundancy.

Reed Smith LLP is a limited liability partnership registered in England and Wales with registered number OC303620 with its registered office at The Broadgate Tower, 20 Primrose Street, London EC2A 2RS. Reed Smith LLP is authorised and regulated by the Solicitors Regulation Authority of England and Wales. Reed Smith offices are also regulated or licensed in the jurisdictions in which they are based, if required by law or regulation.

Reed Smith LLP is associated with Reed Smith LLP of Delaware, USA.

Reed Smith’s office in Singapore is a private Singapore registered company, Reed Smith Pte. Ltd.

The offices listed opposite are offices of Reed Smith LLP of England and Wales or Reed Smith LLP of Delaware, USA, with the exceptions of Hong Kong, which trades as Reed Smith Richards Butler, and Singapore.

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