Clive is a Partner in the Employment team.
He works largely with plc and private corporate employers and senior executives specialising in the defence of complex employment tribunal claims, including multi-party claims. He often represents clients as an advocate in employment tribunal hearings.
Over recent years, he has brought or defended a number of high profile claims dealing with transfer of undertakings (“TUPE”) issues, whistleblowing, discrimination and the enforcement of the National Minimum Wage.
With experience in corporate re-organisations and restructurings, he specialises in the application and effect of TUPE and the Acquired Rights Directive. He advises on large-scale business restructuring and redundancy programmes, including those arising out of corporate insolvency.
In relation to senior employees, he deals with allegations of data theft, breaches of directors’ duties and non-compliance with contractual restraint of trade (or “restrictive covenant”) clauses.
Clive also regularly handles a range of core employment law matters, including worker status issues, performance management, long-term employee absenteeism, disciplinary and grievance procedures, employee compromise agreements and senior personnel severance packages.
His specialist knowledge of the employment law considerations for franchised businesses supports those operating in the social care sector and recruitment agencies.
Recent examples of how Clive has supported clients include:
- supporting a national care agency in the defence of one of the largest and highest-profile national minimum wage claims in the UK (featured in the Guardian and Channel 4’s dispatches programme);
- successfully defending 120 employment-based claims brought against the administrator of collapsed train refurbishment specialist;
- successfully overseeing the transfer the national Caledonian sleeper service between England and Scotland, with the retention of all train-driver jobs;
- settling a wide-ranging and complex whistleblowing claim brought against a financial institution following multiple allegations of product misselling and breach of financial standards.