Investment funds

Tribunal litigation for a leading investment management firm

Successfully defended claims of unfair dismissal, sexual harassment, unlawful deductions from pay, victimisation and personal injury brought by the ex-managing director of one of our client's portfolio companies.

Funds client on TUPE issues

Advising on various real estate transactions following the key decision of Hunter v McCarrick on the application of TUPE in this area.

Funds client on the negotiated exit of a partner

Advising on this particularly difficult exit as the partnership had three partners and the exiting partner was damaging the client's business by his conduct which necessitated his swift exit.

Employment, pensions, incentives and immigration

Paul advises employers on all aspects of the employment relationship (at recruitment, during and post-employment).

Post-employment restrictions

Global financial services client in connection with a restrictive covenant and breach of confidence dispute in the partnership context. Successfully negotiating a full release of the new hire's post-employment restrictions. 

Disciplinary procedure

Investigation, disciplinary process and dismissal of a senior director who was accused of harassment of her team and providing a false reference for a friend. 

International advice

Advising a global sportswear client on the discrimination laws across 12 jurisdictions across EMEA. Comparing and contrasting the differences in each jurisdiction for a board level report. 

Capita plc v Darch & others [2017] IRLR 718

Successfully acted on an interim application in respect of alleged breaches of post termination restrictions and confidentiality obligations by its former employees. Paul and his team successfully argued that the Order sought was too wide as it would extend beyond the type of information that may be relevant to the claim and included irrelevant private and personal information.

More: Employment, pensions, incentives and immigration

Regulatory litigation

Paul works very closely with our well-regarded contentious regulatory and employee incentive teams:

Investigations

Advising senior individuals who are being disciplined by their employers in relation to allegations of LIBOR and FX manipulation.

Settlement agreements

Negotiating exit terms for various board level/regulated employees from several international banks.

Employment tribunal

Successful claim for unfair dismissal for an FCA regulated individual against his former employer. The case involved the interrelationship between employment law and the Financial Services and Markets Act and the FCA's enforcement action.

More: Regulatory litigation

Banking and financial services regulation

Paul mainly acts for banks and financial institutions on all employees relations matters.

Grievance process

Advising on a sensitive grievance investigation, which included allegations of criminal misconduct against the individual's colleagues (assault and battery).

Collective redundancy process

Advising on the implementation of a collective redundancy process for a banking client together with training for stakeholders.

Litigation

Successfully defending a race discrimination claim by a current employee and securing the maximum costs award against the claimant.

Remuneration policies

Paul advises and drafts remuneration policies to ensure compliance with the FCA's Remuneration Code.

Drafting remuneration policies

Advising a Level 1 PRA regulated bank on the drafting of a complex remuneration provision for a senior hire (shares, deferred performance awards, cash bonus buy-out and first year guarantee) including forfeiture and claw back provisions.

Remuneration policy advice

Advising his banking clients on the good and bad leaver provisions and their application.

Litigation

Successfully advising a banking client on the application of its forfeiture provisions in respect of a senior regulated individual who had resigned.

More: Remuneration policies

Corporate

Paul provides support to the firm's corporate and real estate departments as well as his various US law firm clients.

International corporate assistance

Providing advice and coordinating foreign counsel on a multi-jurisdictional asset purchase transaction.

TUPE

Advising on the structure and implementation of dismissal and re-engagement and the introduction of new service agreements post completion.

Outsourcing

Advising a global outsourcing client on the closure of its UK base and relocation of staff to Bulgaria and India. Advised on the application of TUPE and co-ordinating various settlement agreements.

More: Corporate

Banks and banking

Global bank

Drafting and updating employment documentation for a global bank including contracts of employment, staff handbook and non-executive director appointments.

North American bank

Advising on various exits of senior employees for a long standing banking client.

Brokerage arm of a French financial institution

Successfully defending a £1million claim relating to allegations of race, sex and age discrimination.

Retail and luxury goods

Multi-national luxury ​brands corporation

Negotiating and drafting the contract and incentive arrangements for a high profile fashion designer for this long standing multinational luxury goods corporation.

Global champagne company

Advising on the TUPE transfer of one of its brands and the relocation of its offices from London to New York.

US luxury retailer

Advising on all aspect of its UK employment issues (drafting contractual documentation, grievance and disciplinary advice).

Insurance

Insurance client on expense claims

Advising an insurance client on the investigation and dismissal of an employee's fraudulent expense claims.

Global insurance client on defamation claim

Advising on managing an ex-employee who was posting defamatory videos on YouTube and Twitter and successfully blocking the posts and having the videos removed from social media.

International insurance company office relocation

Advising on the office relocation and the harmonisation of the client's contracts for all staff.

Pensions

Pensions forfeiture provisions

Advising a client on the implementation of the forfeiture provisions under its final salary pension scheme to recover the sums stolen by the ex-director.

Closing final salary pension schemes

Advising various clients on the employment aspects when closing their final salary pension schemes and drafting the employment and scheme documentation associated with this.

Trusteeship

Acting as the chairman of trustees for a final salary pension scheme and dealing with the day to day activities of the pension scheme.

UK

Universal Music Group International Limited

Successfully defending a high value breach of contract claim brought in the High Court by a former employee.

Construction company

Advising on the delivery up and deletion of confidential information stolen by an ex-employee.

Global insurance company

Successfully striking out an age discrimination claim brought by a former employee.

FTSE 100 plc

Advising the Board of the plc on an investigation into allegations raised by an executive director of breach of directors' duties against a co-director and inappropriate commissions being received.

High net worth individuals

Advising high net worth individuals involved in regulatory allegations on complex issues of privilege, whistleblowing and employee incentives, including successfully litigating on these issues.

Global bank

Advising on the collective consultation redundancy process, including providing bespoke training to stakeholders across the bank.

North America

BMO Capital Markets

Advising this long standing client on the acquisition of Paloma Securities.

Mercer's asset purchase of Jeitosa Group International

Advising on the asset purchase agreement and co-ordination of foreign counsel.

US based global financial services client

Advising the in house legal team on the grievance, disciplinary and exit of a UK based director.

Duff & Phelps Corporation

Advising on the employment aspects of the asset purchase by Duff & Phelps of MCR.

Europe

Car manufacturer

Coordinating the pan European asset purchase agreement for a car manufacturer and managing the advice from four European jurisdictions.

French multi-national luxury goods corporation

Advising a long standing French multinational luxury goods corporation on all aspect of its UK employment matters.

Motor Oil (Hellas) Corinth Refineries S.A.

Advised on the employment aspects of the US$300 million purchase of Shell's downstream businesses in Greece.

Italian bank

Successfully defending an Italian bank against a claim of race discrimination and unfair dismissal.

Africa

North African banking client

Advising on the sensitive exit of its operations manager.

Whistleblowing allegation

Advising throughout and co-ordinating advice between New York and London for this long standing financial services client. This involved advising on the investigation and findings report, interviewing senior management as part of the investigation, and advising on the exit of the individual after the report concluded no basis for his allegations.

African banking client

Advising on the secondment of its senior managers to London and securing the relevant immigration clearances.

Asia

Singaporean based global textile company

Successfully defending a claim for constructive dismissal by an expatriate senior executive.

Senior executive in Shanghai

Successfully striking out a claim brought by an expatriate senior executive based in Shanghai for Caterpillar, on the basis that the employment tribunal did not have jurisdiction.

CEO of a global bank

Advising the co-CEO of a global bank in respect of his complex exit from his former employer.