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The Gates and Partners employment team has dealt with all sides of contentious and non-contentious employment advice. This ranges from acting for employers and employees in complex and high profile senior executive disputes/exits involving investment-related documentation, to multi-action termination claims. On the non-contentious side, our lawyers advise on setting up HR policies/standard employment contracts, in addition to advising on employers and employees senior executive contracts and arrangements. They also advise on corporate and business immigration in relation to international group restructuring. Gates and Partners continues to be retained by a number of companies to advise on issues as they arise in this area of law.
The range of work involved in this area of law is diverse, and may be intricate and complex. We can advise on the following areas:
- Boardroom disputes: Advice on employment law issues arising upon the removal, for example, of a director from office. Legal issues to be considered include the impact on share options; the effect on pre-emption provisions under the articles of association and shareholders' agreement; the negotiation of tax-efficient compromise and severance agreements.
- Employment contracts: Drafting contracts of employment including standard and executive service agreements as well as atypical arrangements for part-time and casual workers.
- Dismissal: Advice on potential wrongful unfair and constructive dismissals, race, sex and disability discrimination, unfair redundancy selection, breaches of restrictive covenants, directors duties and disqualification claims as well as negotiating and drafting a compromise agreement.
- Restraint of trade: Advice on setting up a new business in competition with a former employer, but avoiding breaches of confidentiality; challenging the enforceability of post-termination restrictive covenants.
- Business immigration: Advice on corporate immigration work, including sole representative, work permits and employment advice, company executives and key staff; and co-ordinating and structuring timescale for activating a new company in the UK.
- Employee share schemes: Advice on employee incentives, including executive share option plans (Revenue approved and unapproved); creating and funding employee benefit trusts, an LTIP for senior executives; phantom option schemes and tax implications of share schemes. Liaising with accountant and considering tax implication and practicability of different schemes.
- TUPE: Advice on TUPE-related information and consultation obligations and on the implications of failing to observe them. Advice on inherited and protected employment liabilities; on compromise agreements and harmonisation of employment contract, including outsourcing and change of contractors.
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