Malcolm is a Partner in the Employment team.
He provides support for employers, ranging from small businesses to large international corporates, as well as senior executives, advising on sensitive, high-profile employment matters across numerous sectors, notably retail, transport, energy and utilities.
His area of expertise is in executive termination issues and disputes, in particular, High Court business protection litigation involving restrictive covenants, team moves, and misuse of confidential information. He also represents clients in whistle-blowing, bullying and harassment, discrimination, unfair dismissal and other such Employment Tribunal claims.
In addition, Malcolm advises employers on industrial relations and trade union issues, including collective bargaining, union recognition and de-recognition, rights of unions, officials and members, and industrial action and other forms of industrial unrest. In addition, he advises employers on workforce restructuring, reorganisation, and redundancies.
Besides handling litigation and disputes, Malcolm advises on executive recruitment and service agreements, NED letters of engagement, employment policies and procedures, disciplinary and grievance processes, as well as helping clients by conducting internal investigations and preparing reports and recommendations into allegations of misconduct and wrongdoing.
Recent examples of how Malcolm has supported clients include:
- facilitating the acquisition and subsequent integration of an international airline by developing innovative approaches to employee pre-transfer consultation and protection of seniority rights to overcome differing employment terms and seniority levels;
- successfully defending a household name employer against a high-profile whistle-blowing claim before an Employment Tribunal, Employment Appeal Tribunal, and, finally, Court of Appeal;
- resisting an application for trade union recognition faced by a nationwide employer, despite a Central Arbitration Committee ruling in the union's favour, by advising on successful workforce engagement strategies for the ensuing ballot over recognition; and
- ensuring business continuity for an international retailer moving part of its head office operations to another EU state by advising on relocating keyworkers from the UK, redundancies, and changes to terms and conditions as part of restructuring.