Employment & Immigration | Disputes


Our Employment team advises on all manner of employment-related disputes, from grievances and disciplinaries to claims of unfair dismissal, equal pay, discrimination, victimisation, harassment and whistleblowing.

 

Our Disputes team complements our main employment practice by advising and taking action on issues such as:

  • protecting confidential information and trade secrets
  • enforcing restrictive covenants to control team moves and prevent poaching of business, customers, key employees and suppliers
  • investigating employee fraud and taking action to secure, trace and recover assets

We recognise the importance of identifying the issues at stake both in terms of the immediate dispute and also in a wider context. This often involves many factors such as the client's broader commercial objectives, and the priorities for its business and its reputation. In this way the dispute may be managed with a view to meeting or protecting these priorities whilst also being mindful of the importance of cost-effectiveness and limiting disruption.

 


+ Employment Tribunals

We have extensive experience of Employment Tribunal claims acting for both employers and employees across the spectrum of employment claims.

Work includes:

  • acting for an employer in a complex Employment Tribunal claim relating to TUPE
  • acting for a high-profile fund manager in claims of constructive unfair dismissal and whistleblowing
  • successfully defending claims of discrimination bought by the former partner of a law firm
  • advising on the territorial scope of the Employment Tribunals in relation to the Equality Act 2010 and the UK laws in relation to discrimination

+ Boardroom Disputes

Our Employment team has advised on the resolution of numerous boardroom and shareholder disputes. We provide advice on the rights of all parties and the options available to them. Together with our Corporate team, we have significant experience in assisting directors and boards of directors with day-to-day operational needs and in drafting shareholder agreements and articles of association which anticipate and provide for dealing with boardroom disputes.


+ Confidential information, trade secrets and restrictive covenants

We can take quick and decisive action to safeguard your business against action by employees, leavers and competitors intending to take unfair advantage of your investment in your confidential business information, customers, key personnel and supplier relations.

We can assist you to investigate suspicions that employees or leavers may be acting against your interests. We often work in conjunction with forensic IT experts to gather and identify evidence of conduct that may place your business at risk.

We understand there is often a need for discretion in investigations and swift action once evidence of potential harm is discovered. We regularly act in claims involving court applications for urgent injunctions to prevent or minimise harm.

We act both for employers whose businesses are threatened and for employees facing the threat of claims by their employers.

Work includes:

  • securing urgent injunctive relief to prevent misuse and procure return of confidential information taken by senior employees planning to set up in competition
  • investigating and taking swift action to secure undertakings and procure the return of confidential information misappropriated by employees
  • defending allegations by a former employer of misuse of confidential information by a former senior employee on leaving the company

+ Employee fraud

We can assist in forensic investigations into employee fraud. We can assist you in dealings with the relevant authorities. We are experienced in taking action against errant employees and others into whose hands your stolen assets may have passed, to secure, trace and recover your assets.

Work includes:

  • taking action to recover a six-figure sum stolen by an employee
  • investigating and tracing assets to recover sums stolen by senior accounting staff
 

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