Transactions and Outsourcing

We support our clients by undertaking effective due diligence, overseeing the disclosure process (where appropriate) and managing the employment aspects of transactional documents, including drafting and negotiating robust warranties and indemnities.

Many transactions require some form of pre-completion reorganisation and/or post-completion restructuring or harmonisation that will have implications for the staff involved, whether on the buyer side or seller side (or both). We provide pragmatic and commercial advice to help our clients comply with their employment law obligations and meet their business objectives.

In commercial outsourcing situations, we help structure the commercial terms to mitigate the risks created by the minefield of the Transfer of Undertakings (Protection of Employment) Regulations (TUPE). We aim to safeguard our clients’ interests when entering into and exiting these arrangements, advising on the ‘front end’ and ‘back end’ protections that our clients need.

We can also assist with complex contractual documentation, including service agreements for senior executives, non-executive appointment letters and bonus/equity-based incentive plans and structures.

We work closely with our corporate, commercial and property colleagues to ensure that the employment aspects are handled efficiently and tie in with the wider objectives of the transaction.

We also work efficiently and seamlessly with other law firms and professional services firms to provide transactional employment advice to their clients and/or portfolio companies where those firms do not have their own in-house employment law expertise to service their client’s needs.