Caroline is associate in the employment team representing clients on both contentious and non-contentious workplace matters including restructuring, service provision changes, pension scheme changes, multi-party litigation, trade union matters, and corporate transactions.
Caroline has over 16 years of experience representing clients in the private, public and third sectors including PLCs, multinationals, telecommunications and media companies, local authorities, as well as schools and universities.
She has supported significant projects on holiday pay calculations and complex TUPE transfers.
Caroline aims to provide clients with practical and business focused advice clearly by seeking to understand their goals, priorities and concerns.
I regularly help clients on major restructuring exercises including post acquisition integration, programmes for collective redundancies and/or changes to terms and conditions programmes. I provide high level advice on strategy as well as assistance with the practical aspects of the process including collective consultation, electing employee representatives, pooling/selection, redeployment, redundancy entitlements and appeals. I also seek to partner with other advisers involved in the process such as project managers and PR and employee relations consultants.
TUPE and business transfers
I advise both large and SME clients in respect of business transfers and outsourcing/in-sourcing arrangements. This includes advice on the application and impact of TUPE and associated obligations and risks such as pension obligations, the information and consultation process, electing employee representatives, and post transfer measures. I assist in the review and drafting of the employment provisions in the related commercial agreements to help assess and minimise legal risks with warranty and/or indemnity protection as required. I also advise in relation to transfers involving the public sector or former public sector employees including retention of employment arrangements, Beckmann/Martin rights, and the extra obligations in respect of pension protection on service providers of outsourced public services.
I have supported various clients during the planning and implementation of changes to their occupational pension schemes. This can involve advice on the type of consultation required, the application of the pensions’ consultation legislation and obligations under this, the appropriate set up of consultation forums and operation of the consultation process, information to be provided, and any contractual issues where the change also requires a variation to terms and conditions of employment. The work commonly involves managing employee relations’ issues and I operate hand in hand with other professionals involved in the process including pension consultations/actuaries and PR consultants.
I advise on a variety of corporate transactions including acquisitions, disposals, outsourcings and sub-contacting. My work covers drafting and negotiating employment provisions and warranties and indemnities in sale and purchase or outsourcing agreements, advising on transitional service agreements, compiling due diligence reports, disclosure letters, and preparing disclosure documentation in respect of corporate disposals and acquisitions. It can also involve drafting and negotiating service contracts and/or settlement agreements where, for example, managers of the business being acquired are exiting or being kept on.
My work is diverse and new issues are always presenting themselves given the ever-changing nature of employment law. I have over ten years’ experience and, in addition to the above, I have represented and advised clients on a broad range of matters including preparation and negotiation of directors’ service agreements, advising on executive severance packages, enforceability of restrictive covenants, drafting and advising on consultancy agreements, advising on employee ill-health and disability discrimination and constructive dismissal and pregnancy/maternity discrimination matters. I also carry out employment tribunal work (including multi-party claims) involving unlawful discrimination, victimisation, trade union detriment, whistleblowing, holiday pay and breach of contract complaints.
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