Contact Anita Mishra
I trained with Clarkslegal and joined the employment department upon qualification in 2006. I advise employers and individuals and deal with advisory, tribunal, and transactional employment law matters. I have particular interest and experience in employee relations and collective dispute advice. I am a regular speaker at Clarkslegal’s internal and external seminars, and frequently deliver client training.
A large part of my work involves advising companies on employment law related to restructuring and business change. As a result I regularly advise on collective redundancies, TUPE transfers, changing terms and conditions of employment, related trade union issues and corporate acquisitions and disposals. I advise clients at a strategic and practical level, hence from the outset of planning and dealing with change, on to the detail of negotiations and drafting documentation, including template letters and notices, warranties and indemnities, and through to advising on appeals and any resultant tribunal claims.
Restructuring, redundancy and TUPE work often comes hand in hand with employment relations issues in relation to trade unions and collective dispute resolution. As such I have experience in advising on industrial action ballots and notifications, collective grievances, union recognition and derecognition and collective bargaining. I also advise clients on the establishment of staff representative bodies, staff associations and consultative committees.
I have appeared regularly as an advocate in the Employment Tribunal conducting individual and multi-party cases, including: collective redundancy and protective awards claims, TUPE, discrimination, unfair dismissal, breach of contract and wages claims. I often advise clients from a pre-litigation advisory stage through to Tribunal proceedings and advocacy. I have also undertaken much work as part of Tribunal teams defending large multi-party actions arising out of collective disputes relating to industrial action, discrimination and agency workers terms, and have experience of litigating matters in the Employment Appeal Tribunal also.
Much of my work relates to advising on discrimination issues arising in the workplace. I advise clients at all stages: proactively alerting them to potential discriminations issues, advising on grievance and disciplinary issues relating to discrimination and on discrimination claims brought in the Employment Tribunal. I enjoy working with clients to deliver tailored discrimination and anti-harassment training.
I advise on all areas of employment law, on a technical and practical level. This regularly includes drafting and advising on employment contracts, consultancy agreements and settlement agreements, advising on disciplinary, dismissal and grievance procedures, jurisdiction issues, employment status, whistleblowing, data protection queries and redundancy policies. I also have a keen interest in post termination restrictions and regularly advise both employer and individual clients on such restrictive covenants and enforcement of the same. I am keen to work with clients proactively: for example, I have developed and implemented performance management systems, and drafted and delivered practical tailored legal training to client teams.
I also work closely with our HR professionals engaged though Forbury People Limited, a subsidiary business wholly owned by Clarkslegal offering human resource consultancy, in order to deliver tailored and complementary HR and employment law advice and solutions to clients.
I also act for individual clients, advising on a manner of workplace disputes and positive resolution of the same. My experience encompasses advising on terms and conditions at the outset of engagement through to advising on disputes arising during the employment relationship, and positioning and negotiating exits (from behind the scenes if needed) and advising and negotiating on terminations and settlement agreements to achieve the best possible outcome for the individual.