Clive Day

Clive has more than 25 years’ experience advising Plc, private corporate employers, and senior executives across a wide range of contentious and non-contentious employment and worker matters including employment restructuring (including TUPE and insolvency), whistleblowing and discrimination issues, and collective action and trade union rights.

His areas of expertise include rights, structures and obligations for off-payroll labour; employment and taxation structures for partnerships, LLPs, franchising models, employment agencies, and umbrella companies; partnership structures and disputes across the medical, legal, and finance sectors; and senior employee matters including allegations of data theft, breaches of directors’ duties, and non-compliance with contractual restraint of trade (restrictive covenant) clauses.

Clive is a CEDR-accredited mediator with a specialism in workplace mediation, and is an experienced advocate in the employment tribunal.

Examples of Clive’s work 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 mis-selling and breach of financial standards.
• Devising labour structures and models (addressing employment, tax and regulatory issues) concerning an international defence contractor, and global sporting body.
• Conducting an LLP dispute for discrimination against a top-50 law firm.
• Defending complex discrimination claims in the NHS.
• Remodelling an international sporting organisation’s casual labour provision.
• Overseeing the employment tribunal defence of a multi-week complex disability discrimination claim.
• Acting for nationally-prominent CEO on employment-related claims and exit.