Employment. CMS Cameron McKenna Supporting your needs

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1 Employment CMS Cameron McKenna Supporting your needs 2014

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3 Our Employment team We are a full service Employment team advising on all aspects of the employment relationship with a focus on high-level, complex issues. We provide practical, strategic and cost-effective advice to employers, working closely with in-house lawyers and/or HR to ensure our input meets your needs. We advise on drafting employment documentation, recruitment, managing the employment relationship and all aspects of the termination of employment. We have particular expertise in dealing with senior executive issues and collective matters such as redundancies, integration, TUPE and trade unions. A significant part of our practice covers the employment aspects of transactions, including corporate, outsourcing projects and real estate. We have particular expertise in high-value litigation claims before employment tribunals and the higher courts. The Employment team is an integral part of the firm s Human Resources Group, which comprises health and safety, incentives and pensions lawyers as well as employment lawyers. Our team also plays a central role in CMS as a global provider of employment advice and regularly advises clients on cross-jurisdictional matters. We are members of the Employment Lawyers Association (ELA) and the European Employment Lawyers Association (EELA). For more information on our services please contact: Anthony Fincham Partner, Head of Employment Team T +44 (0) E anthony.fincham@cms-cmck.com Sarah Ozanne Partner T +44 (0) E sarah.ozanne@cms-cmck.com The team provides expeditious cross-border advice on large-scale projects such as global restructurings and collective redundancies Legal 500 Clients find that the team has real depth of experience on stand-alone employment issues Chambers and Partners Follow us 3

4 Employee management Employment contracts, secondment agreements, policy documents and staff handbooks Executive recruitment, dismissal and severance agreements Directors rights and duties Retention and incentive arrangements Disciplinary and grievance procedures Whistleblowing Advising on termination of employment High Court and Employment Tribunal litigation including discrimination, unfair dismissal, breach of contract and bonuses Business issues Advising on the content and roll out of new restrictive covenants Enforcement of restrictive covenants, confidentiality and garden leave provisions Equal opportunities and discrimination UK business start-ups by overseas corporations Expatriate employment issues Employee information and consultation Restructuring and redundancy programmes Mediation of employment disputes Privacy and social media issues Employee fraud and investigations Our services Industrial relations Trade union issues, including recognition and de-recognition Trade union representation and consultation Collective bargaining Industrial action Strikes Applications to the Central Arbitration Committee 4 Employment Supporting your needs Corporate activity Corporate governance standards and fiduciary duties Employee aspects of flotations, takeovers, M&A, insolvencies and other corporate activity Advising both buyers and sellers on high value share and business acquisitions and disposals Drafting TUPE indemnities and warranties for corporate deals and outsourcing transactions TUPE advice in the context of outsourcing, insolvency and other business transfers Advising private sector parties on employment aspects of PFI and PPP transactions Integration and harmonisation of terms and conditions

5 Our experience Examples of our recent work: International financial services group Advising on the disposal of one of its national banking operations and addressing complex employment issues for its 2,000-strong workforce. Major German investment bank Acting on a number of high-value employment tribunal and High Court claims. Issues addressed have included race and disability discrimination, whistleblowing, unfair dismissal, constructive dismissal, breach of contract, bonus payments, protective awards, personal injury and injunctive relief in respect of enforcing restrictive covenants. One of the UK s largest employers Advising on a series of outsourcings and on a challenge by a trade union relating to the franchising of many of the employer s outlets. Winning a leading case on TUPE consultation obligations in the Court of Appeal. International lifesciences company Advising on the integration of newly acquired UK operations, including TUPE issues, collective consultation, redundancy and changes to terms and conditions. Administrators Advising administrators on corporate recovery issues arising from high-profile insolvency situations, including the application of TUPE, individual and collective redundancy procedures and tribunal litigation. EU Advising the European Union on the Acquired Rights Directive and its application to cross-border mergers. Boardroom Acting for and against a number of FTSE 100 and 250 companies in relation to board appointments and departures. Global consumer products company Advising on employee consultation requirements relating to changes to its flexible benefits and pension arrangements affecting its entire UK workforce of approximately 18,000 employees. Market research company Advising on a long-standing dispute with HMRC with regard to employee status. Major US-headquartered design and construction company Providing and co-ordinating employment advice on a global basis concerning its 30,000-strong workforce. Wholesale electrical supplier Handling High Court litigation and successfully defending an injunction covering misuse of confidential information, breach of restrictive covenants and unlawful enticement of employees in a team move situation. International bank Advising on the planning and implementation of a large-scale UK-wide redundancy and early retirement programme. 5

6 Aberdeen Edinburgh Moscow Bristol Hamburg Amsterdam Berlin London Utrecht Leipzig Warsaw Duesseldorf Antwerp Cologne Dresden Brussels Frankfurt Prague Luxembourg Vienna Paris Stuttgart Strasbourg Munich Bratislava Zurich Budapest Kyiv Lyon Ljubljana Milan Zagreb Belgrade Sarajevo Bucharest Madrid Barcelona Rome Tirana Sofia Lisbon Seville Algiers Casablanca Mexico City Rio de Janeiro Beijing Shanghai 6 Employment Supporting your needs

7 Support when and where you need it We are a top 10 European law firm and as a founding member of the CMS network of independent European law firms we can offer: Integrated, high quality services across Europe. Advice in many complex and highly regulated areas of law across Europe. Lawyers who regularly work closely together on cross-jurisdictional cases. Co-ordinated, joined-up advice. Instructions managed from the UK to ensure quality and cost control. CMS key facts Dubai Established July member firms >750 partners and >2,800 lawyers >5,000 staff 56 offices in 31 jurisdictions, 50 cities CMS covers the major EU markets and offers local advice with international co-ordination 8 Sector Groups bringing together sector specialists across Europe. The CMS Employment and Pensions Group consists of more than 250 labour law professionals who regularly work together on multi-jurisdictional HR and employment projects. Our CMS colleagues have a deep understanding of their home markets enabling us to provide integrated, commercial expertise. 7

8 CMS Cameron McKenna s free online information service Receive expert commentary and analysis on key legal issues affecting your business. Register for free alerts and access the full Law-Now archive at CMS Cameron McKenna LLP Mitre House 160 Aldersgate Street London EC1A 4DD T +44 (0) F +44 (0) The information held in this publication is for general purposes and guidance only and does not purport to constitute legal or professional advice. CMS Cameron McKenna LLP 2014 CMS Cameron McKenna LLP is a limited liability partnership registered in England and Wales with registration number OC It is a body corporate which uses the word partner to refer to a member, or an employee or consultant with equivalent standing and qualifications. It is authorised and regulated by the Solicitors Regulation Authority of England and Wales with SRA number It is able to provide international legal services to clients utilising, where appropriate, the services of its associated international offices. The associated international offices of CMS Cameron McKenna LLP are separate and distinct from it. A list of members and their professional qualifications is open to inspection at the registered office, Mitre House, 160 Aldersgate Street, London EC1A 4DD. Members are either solicitors or registered foreign lawyers. VAT registration number: Further information about the firm can be found at CMS Cameron McKenna LLP CMS Cameron McKenna LLP is a member of CMS Legal Services EEIG (CMS EEIG), a European Economic Interest Grouping that coordinates an organisation of independent law firms. CMS EEIG provides no client services. Such services are solely provided by CMS EEIG s member firms in their respective jurisdictions. CMS EEIG and each of its member firms are separate and legally distinct entities, and no such entity has any authority to bind any other. CMS EEIG and each member firm are liable only for their own acts or omissions and not those of each other. The brand name CMS and the term firm are used to refer to some or all of the member firms or their offices. Further information can be found at