EMPLOYMENT & IMMIGRATION

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1 EMPLOYMENT & IMMIGRATION

2 WATSON FARLEY & WILLIAMS: KEY FACTS 140+ PARTNERS ESTABLISHED OFFICES 450+ LAWYERS 11 COUNTRIES 20+ LANGUAGES SPOKEN

3 EMPLOYMENT & IMMIGRATION 3 OUR EMPLOYMENT & IMMIGRATION PRACTICE Watson Farley & Williamsʹ employment and immigration team work with domestic and international businesses and individuals to provide a supportive and effective legal service. Our specialists regularly combine their skills to advise on all areas of UK employment and immigration law....they GIVE SOUND ADVICE... CHAMBERS UK 2015 Employment & Immigration Our employment and immigration practice has a reputation as being highly approachable and commercially astute: we are trusted to deliver an efficient and cost effective service. Our employment expertise covers all legal matters from day to day queries to strategic business issues. We work with clients to avoid disputes by finding creative solutions to workplace problems and are skilled at resolving disputes when they unavoidably arise. In respect of immigration matters, we have wide ranging expertise in both executive and personal immigration matters. We also have particular expertise assisting organisations in relation to their immigration compliance obligations under the Points Based System and more generally under the Immigration, Asylum and Nationality Act We provide extremely responsive, practical and commercial advice tailoring our approach to our clientsʹ requirements. We achieve this by taking the time to fully understand our clients businesses and cultural environments. We also help keep them up to date with relevant changes in the law. HR Portal One of our jobs is to be forward thinking and help add value to our client s business in a cost effective manner. With this in mind we have introduced WFW HR Portal, an online employment law and HR management service. It is aimed at helping start-ups, SMEs and other UK based employers with HR management and compliance with UK employment law, all for an annual fixed fee.

4 4 Watson Farley & Williams Supporting our clients Our clients cover a diverse spread of sectors including banking, insurance and other financial industries; energy and natural resources; transport, logistics and related enterprises; real estate, architecture, construction and engineering; e commerce, internet and telecommunications; media and advertising; publishing; manufacturing; retail; auctioneers and other professional firms. We provide an efficient and supportive legal service to a range of contacts from in house lawyers and HR professionals to finance directors, managing directors, pension trustees and local authorities. We have also developed a good reputation for acting on behalf of senior executives/directors. We cover all aspects of employment and immigration work, excluding that relating to asylum and legal aid. Effective legal services We advise on the full range of employment and immigration queries that arise on a day to day basis, ranging from general queries to more sophisticated/strategic issues. These include advice on the following: Employment terms of employment (including staff handbooks/policies) and consultancy agreements share based incentive schemes business and service transfers and TUPE establishment of consultative groups restrictive covenants, the protection of confidential information and intellectual property termination of employment all aspects of employment litigation, including discrimination and equal pay claims all aspects of employment compliance. Immigration Applications under the Points-Based System; including Tier 1 applications for high-net-worth individuals, Tier 2 sponsorship licence and visa applications and Tier 5 applications for temporary workers. Other applications including Discretionary applications, Representative of an overseas business applications and applications for UK Ancestry Applications for the following categories: sportspeople and entertainers, spouses and dependants Applications for limited leave to enter the UK and remain in the UK, applications for settlement/indefinite leave to remain and British citizenship (naturalisation) applications EU/EEA applications, including applications for EU/EEA dependants Administrative reviews and appeals to the First-tier Tribunal (Immigration and Asylum Chamber) All aspects of compliance and immigration appeal work Applications under the Van der Elst provisions for non-eea and Swiss nationals working in the EU.

5 EMPLOYMENT & IMMIGRATION 5 SELECTED EXPERIENCE: EMPLOYMENT JUDICIAL MEDIATION Acting on behalf of a major respondent company in relation to Judicial Mediation proceedings in the Employment Tribunal. We negotiated the early settlement of this claim using mediation as an alternative method of dispute resolution. SICKNESS ABSENCE Advising a client with an employee who took time off for an operation. The employee claimed to be unable to work and refused to undertake ʺlight dutiesʺ at home. Our client sent an enquiry agent to video the employee, which clearly showed full mobility. REDUNDANCIES AND TUPE Advising a client on issues relating to the Transfer of Undertakings (Protection of Employment) Regulations 2006 following the reverse takeover of a business and on issues regarding the collective redundancies arising as a result. UNFAIR DISMISSAL AND STRESS Acting for an employee and negotiating a large settlement against a global conglomerate in relation to potential claims for constructive unfair dismissal, equal pay, sex discrimination and a stress related personal injury. WHISTLEBLOWING Acting on behalf of an employer regarding the dismissal of a senior executive who alleged his dismissal was on the grounds that he had made a ʺprotected disclosureʺ related to financial irregularities. We reached an out of court settlement. SEX DISCRIMINATION AND EQUAL PAY Advising in relation to claims brought by an employee made redundant whilst on maternity leave. The claim related to equal pay, unfair dismissal and unlawful sex discrimination. We successfully settled the claim. EMPLOYMENT LAW AND DATA PROTECTION UNDER GREEK LAW Advising the head office of a large Danish wind turbine manufacturer on employment law and data protection aspects arising under Greek law in relation to its on line recruitment programme. RELIGIOUS DISCRIMINATION Advising in relation to the withdrawal of an offer of employment when the individual had stated that he would not be able to work after dusk on Friday. The HR manager was later able to reinstate the offer on a trial basis, avoiding a possible claim. TERMINATION OF EMPLOYMENT ON AGREED TERMS Advising the CEO of a Lloyds insurance company on the termination of his employment on agreed terms. RESTRICTIVE COVENANTS Acting for a client in enforcing the terms of the post termination covenants of an employee who left to work for a competitor. We issued High Court proceedings and obtained an order by consent to prevent the employee from breaching his covenants. TERMINATION OF EMPLOYMENT AND RACE DISCRIMINATION Advising an individual in connection with the termination of his employment. The matter included a claim for race discrimination and a substantial settlement was obtained (notice plus almost two yearsʹ pay). TUPE REGULATIONS Advising on the TUPE aspects following a decision by a company to offshore part of its operations. We also advised on the associated collective redundancies. CONTRACT OF EMPLOYMENT Advising an individual on the contract of employment appointing him as General Counsel of a publishing company.

6 6 Watson Farley & Williams SELECTED EXPERIENCE: IMMIGRATION COMPLIANCE AUDITING Conducting a comprehensive mock Home Office audit at a high profile technology company in order to assess whether it is able to meet its obligations as a sponsor under Tier 2 of the Points Based System. INTERNATIONAL VISAS Advising UK based clients to obtain Schengen visas to Europe and business visitor visas to other countries, such as Australia and China. SPONSORSHIP REGISTRATION Advising a major AIM listed company in relation to establishing a UK office. We assisted in submitting its successful sponsorship licence application and later advised in connection with the transfer of the Managing Director and his family to the UK. VISITOR VISAS Advising a Singaporean national in connection with his successful visitor visa application to enter the UK. The position was complicated by the client s immigration history and previous deportation from the UK. ENTREPRENEURS Advising a high net worth individual to successfully switch to a Tier 1 (Entrepreneur) visa to enable him to conduct business in the UK. This included advice in relation to incorporating multiple businesses and English language requirements. SPONSOR COMPLIANCE Advising a large UK based organisation in relation to all aspects of immigration compliance. This included undertaking a mock Home Office audit and advising in connection with the dismissal of an employee without valid leave to remain. SOLE REPRESENTATIVES Advising a senior employee on the establishment of a subsidiary branch of an overseas business in the UK under the Sole Representative visa category. FIRST TIER TRIBUNAL Advising a Business Visitor in relation to her visa refusal on grounds of fraud and successfully appealing the decision in the Tribunal on human rights grounds. INVESTORS AND SWITCHING Advising in relation to a successful switching application from the Student category to the Tier 1 (Investor) category. CREATIVE WORKERS Advising in relation to around 60 visa applications for Chinese performers, workers and craftspeople under the Tier 5 (Creative & Sporting) category. URGENT PASSPORT ENDORSEMENT Arranging for an Indefinite Leave to Remain stamp to be endorsed on a new passport when the old passport had been lost. This was an urgent application which required the same day service at the Public Enquiry Office in Croydon. A UK ENERGY COMPANY Advising a UK energy company on immigration matters for their staff, in particular applying for a Sponsorship Licence with the Home Office and ensuring they comply with Home Office compliance rules. ACCOUNTING AND TAX ADVISORY COMPANY Advising a top accounting, business and tax advisory group with a large China team in relation to the recruitment of specialist staff from China to join their UK operation.

7 EMPLOYMENT & IMMIGRATION 7 TEAM PROFILE ANGHARAD HARRIS Partner aharris@wfw.com Angharad Harris has been a partner at Watson Farley & Williams since 2002 and heads the employment and immigration team. Her practice includes a broad range of contentious and noncontentious employment matters, acting on behalf of employers and employees. With regards immigration, Angharad advises businesses in relation to all aspects of UK immigration and is also very experienced in assisting individuals and their family members to work and reside in the UK. Angharad is the coauthor of the Immigration chapter of the UKTIʹs ʺInvestors Guide to the UKʺ publication. Angharad is a member of the Employment Law Committee of the Law Society of England and Wales and previously held the role of Chair. She has also been one of the five members of the Working Party led by Justice Underhill that has carried out the Fundamental Review of Employment Tribunal Rules. The new Employment Tribunal Rules came into force on 29 July ASHA KUMAR Partner akumar@wfw.com Asha Kumar joined Watson Farley & Williams in She regularly deals with both contentious and non contentious employment law matters. She has prepared policies and procedures, drafted directors agreements, advised on high level terminations of employment and defended employment tribunal claims. She regularly provides clients with strategic advice and her experience extends to assisting with implementing large-scale redundancy programmes and global business reorganisations. She also has cross border employment law experience and has recently advised on the implementation of a global outsourcing exercise. ASHA KUMAR Senior Consultant ebuchan@wfw.com Liz Buchan joined Watson Farley & Williams in Liz is a Senior Consultant in our employment team and has experience of all areas of contentious and non-contentious employment and labour law matters including employee benefits and share options. She has over 25 years experience of employment law issues and is recognised as a leading individual in the field of employment law by Chambers Guide to the Legal Profession. Liz s client-base spans a range of industries and she has a wealth of experience in acting for senior executives, usually upon joining or leaving employment. For nine years, Liz was a member of the Law Society s Employment Law Committee and in 2010 Liz received an award from the Association of Women Solicitors in recognition of her management skills. Liz is also a member of our senior management team, responsible for people and knowledge management.

8 8 Watson Farley & Williams JANET SIMPSON Professional Support Lawyer Janet Simpson is over twenty years qualified and has vast expertise in the field of employment law. Janet is the head of our Employment Law Training. She is also responsible for publishing our Quarterly Employment Law Updates that are sent to our clients and for managing and developing our knowledge database. In addition to her work as an employment lawyer, Janet has also lectured on behalf of the College of Law. Janet s role as our Know How lawyer ensures that everyone is kept fully up to date on the latest developments in employment legislation and case law. RHODRI THOMAS Senior Associate rthomas@wfw.com Rhodri Thomas trained with Watson Farley & Williams, qualifying into the Employment Team in September As well as his experience in corporate and finance law, Rhodri has advised on a variety of contentious and noncontentious employment matters including: High Court injunction proceedings in relation to posttermination restrictive covenants, an international unfair dismissal and defamation claims, structuring documentation relating to terms of employment and employee conduct and establishing a start up property finance business. Rhodri has also developed expertise in discrimination law, in particular in relation to disability discrimination. ANNA ROBINSON Senior Associate arobinson@wfw.com Anna Robinson is a solicitor in the Employment Team. Anna s practice includes a broad range of contentious and non contentious matters. She regularly prepares policies and procedures, advises in relation to disciplinary/grievance processes, manages tribunal claims and assists in connection with matters of a contractual nature. In addition, Anna has extensive immigration expertise, particularly in relation to the Points Based System, and has acted on behalf of individuals in relation to immigration proceedings in the Asylum and Immigration Tribunal and the Court of Appeal. Anna also regularly conducts mock Home Office audits at client sites.

9 EMPLOYMENT & IMMIGRATION 9 DEVAN KHAGRAM Senior Associate dkhagram@wfw.com Devan Khagram trained with Watson Farley & Williams, qualifying into the Employment Team in September Devan has trained in contentious and non contentious employment law. His experience includes drafting employment contracts, negotiating settlements, providing advice on the terms and effect of settlement agreements, and advising on the employment aspects of share and business acquisitions. ELLIOTT MARSH Senior Paralegal emarsh@wfw.com Elliott Marsh joined the Employment Team as a paralegal in April Most recently, Elliott has worked closely on the Points Based Immigration System and has experience drafting and assigning Certificates of Sponsorship, managing and editing sponsor profiles and assisting with all aspects of entry clearance overseas. Devan also advises on immigration matters such as all aspects of the Points Based Immigration System including investors, entrepreneurs and highly skilled migrants and naturalisation applications.

10 10 Watson Farley & Williams REPUTATION COMMERCIALLY MINDED TEAM AT WATSON FARLEY & WILLIAMS... LEGAL 500 UK 2014 THE TEAM AT WATSON FARLEY & WILLIAMS IS PRAISED BY CLIENTS FOR ITS FOCUS ON DEVELOPING ITS TEAMS... LEGAL 500 UK 2013 EMPLOYMENT TEAM WITH BROAD EXPERTISE. NOTED FOR THE INTERNATIONAL FOCUS OF ITS PRACTICE, WITH REGULAR WORK WITH NON-UK HEADQUARTERED FINANCIAL INSTITUTIONS. CHAMBERS UK 2015 RECEIVES PRAISE FROM CLIENTS FOR GIVING SOUND, TO-THE-POINT AND SWIFT ADVICE. CHAMBERS UK 2015 PERCEIVED AS VERY CLIENT FOCUSED AND BOASTS STRONG FINANCIAL SERVICES EXPERTISE. CHAMBERS UK 2014 STRONG CROSS-BORDER PRACTICE, ESPECIALLY IN ADVISING US CORPORATES ON UK EMPLOYMENT LAW. CHAMBERS UK EXCELLENT TEAM. LEGAL 500 UK THEY GIVE SOUND ADVICE AND ALSO PRESENT INTERESTING AND RELEVANT BRIEFINGS AND AN ANNUAL EMPLOYMENT LAW SEMINAR. CHAMBERS UK 2015 COMPLEMENTARY EXPERTISE ON IMMIGRATION AND CAN ADVISE ON THE CROSS-OVER BETWEEN THE TWO. CHAMBERS UK 2015 THOROUGHLY EFFICIENT RELIABLE, GOOD-QUALITY ADVICE... CHAMBERS UK 2014 CLIENT SERVICE: THEY ARE VERY QUICK IN RESPONDING TO ANY QUESTIONS OR QUERIES, THEY'RE VERY SUPPORTIVE. CHAMBERS UK 2014 THOROUGHLY EFFICIENT RELIABLE, GOOD-QUALITY ADVICE... CHAMBERS UK 2014.

11 EMPLOYMENT & IMMIGRATION 11 OUR OFFICES Athens Frankfurt Madrid Paris 6 th Floor, Building B 348 Syngrou Avenue Kallithea , Athens T: Ulmenstraβe Frankfurt am Main T: C/ María de Molina, Madrid T: avenue des Champs-Elysées Paris T: Bangkok Unit 902, 9 th Floor GPF Witthayu Tower B 93/1 Wireless Road Patumwan, Bangkok Hamburg Jungfernstieg Hamburg T: Milan Piazza del Carmine Milan T: Rome Piazza Navona Rome T: T: Hong Kong Munich Singapore Dubai Office 1503, Level 15, Tower 2 Al Fattan Currency House PO Box Dubai Units , One Pacific Place 88 Queensway, Hong Kong T: Gewürzmühlstraβe 11 Courtyard Munich T: Battery Road #28-00 Singapore T: T: New York 15 Appold Street EC2A 2HB 250 West 55th Street New York, New York T: T:

12 ATHENS BANGKOK DUBAI FRANKFURT HAMBURG HONG KONG LONDON MADRID MILAN MUNICH NEW YORK PARIS ROME SINGAPORE Publication code number: v1 Watson Farley & Williams 2016 All references to Watson Farley & Williams, WFW and the firm in this document mean Watson Farley & Williams LLP and/or its Affiliated Entities. Any reference to a partner means a member of Watson Farley & Williams LLP, or a member or partner in an Affiliated Entity, or an employee or consultant with equivalent standing and qualification. The transactions and matters referred to in this document represent the experience of our lawyers. This publication is produced by Watson Farley & Williams. It provides a summary of the legal issues, but is not intended to give specific legal advice. The situation described may not apply to your circumstances. If you require advice or have questions or comments on its subject, please speak to your usual contact at Watson Farley & Williams. This publication constitutes attorney advertising. wfw.com