Keeping it legal

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Recruiting the right person is a very difficult process. It takes skill, experience and a degree of luck to get right. In addition, you need to be careful to ensure your process does not fall foul of the law. Delivered by Will Winch, Mishcon de Reya.

Business

Keeping it legal
Will Winch
Mishcon de Reya
Delivered at the seminar
“How to Attract and Keep the Best Talent…For Less”
on 19 March 2014
Organised by LoveWorkLife in partnership with Mercury xRM

WWW.MISHCON.COM ©MISHCON DE REYA 2014
MARCH 2014
KEEPING IT LEGAL
A TALK BY WILL WINCH
Keeping it legal

WWW.MISHCON.COM ©MISHCON DE REYA 2014
THAT’S JUST TYPICAL…
SUBCONSCIOUS BIAS
High Warmth
Low Warmth
Low Competency High Competency
Pity Admiration
Contempt Envy

WWW.MISHCON.COM ©MISHCON DE REYA 2014
DISCRIMINATION

WWW.MISHCON.COM ©MISHCON DE REYA 2014
SOCIAL MEDIA

WWW.MISHCON.COM ©MISHCON DE REYA 2014
PROVE IT…

WWW.MISHCON.COM ©MISHCON DE REYA 2014
HOW WILL THEY EVER KNOW?
• Data Protection Act
• Disclosure in litigation

WWW.MISHCON.COM ©MISHCON DE REYA 2014
LEGAL BAGGAGE
ARE YOUR CANDIDATES FREE TO MOVE?
• Implied duties
• Fiduciary duties
• Express duties

WWW.MISHCON.COM ©MISHCON DE REYA 2014
EXPRESS DUTIES
WHERE TO FIND THE RESTRICTIONS
• Contracts of employment
• Deed of adherence / LLP deed
• Handbook
• Stock plan / bonus confirmation

WWW.MISHCON.COM ©MISHCON DE REYA 2014
FINANCIAL DISINCENTIVES
• Bonus deferrals
• Stock schemes: good leaver / bad
leaver

WWW.MISHCON.COM ©MISHCON DE REYA 2014
WHEN IS THE LINE CROSSED WHILE
EMPLOYED?
• Competing and preparing to compete
• Breach of fidelity an integral part of the
move
• Deceit
• Bribery

WWW.MISHCON.COM ©MISHCON DE REYA 2014
POTENTIAL LIABILITY FOR YOU
• Inducement to breach
• Conspiracy

WWW.MISHCON.COM ©MISHCON DE REYA 2014
ARE YOU PROTECTED?
• Are your contracts up to date?
• Do you have a social media policy?
• Do you have a database policy?
• Are your post termination restrictions enforceable?
• Have your key people signed their contracts?

WWW.MISHCON.COM ©MISHCON DE REYA 2014
THANK YOU
Will Winch
Solicitor
will.winch@mishcon.com
0207 440 7292

This slideshow contains one of six presentations delivered at
the seminar “How to Attract and Keep the Best Talent…For
Less” on 19 March 2014.
To access all six slideshows and to find out more about this
and our other events, please contact LoveWorkLife:
Click icons!
020 3145 0600
Organised by LoveWorkLife in partnership with Mercury xRM.
Visit www.loveworklife.com and www.mercuryxRM.com

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Keeping it legal

1. Keeping it legal Will Winch Mishcon de Reya Delivered at the seminar “How to Attract and Keep the Best Talent…For Less” on 19 March 2014 Organised by LoveWorkLife in partnership with Mercury xRM

3. WWW.MISHCON.COM ©MISHCON DE REYA 2014 THAT’S JUST TYPICAL… SUBCONSCIOUS BIAS High Warmth Low Warmth Low Competency High Competency Pity Admiration Contempt Envy

8. WWW.MISHCON.COM ©MISHCON DE REYA 2014 LEGAL BAGGAGE ARE YOUR CANDIDATES FREE TO MOVE? • Implied duties • Fiduciary duties • Express duties

9. WWW.MISHCON.COM ©MISHCON DE REYA 2014 EXPRESS DUTIES WHERE TO FIND THE RESTRICTIONS • Contracts of employment • Deed of adherence / LLP deed • Handbook • Stock plan / bonus confirmation

10. WWW.MISHCON.COM ©MISHCON DE REYA 2014 FINANCIAL DISINCENTIVES • Bonus deferrals • Stock schemes: good leaver / bad leaver

11. WWW.MISHCON.COM ©MISHCON DE REYA 2014 WHEN IS THE LINE CROSSED WHILE EMPLOYED? • Competing and preparing to compete • Breach of fidelity an integral part of the move • Deceit • Bribery

13. WWW.MISHCON.COM ©MISHCON DE REYA 2014 ARE YOU PROTECTED? • Are your contracts up to date? • Do you have a social media policy? • Do you have a database policy? • Are your post termination restrictions enforceable? • Have your key people signed their contracts?

15. This slideshow contains one of six presentations delivered at the seminar “How to Attract and Keep the Best Talent…For Less” on 19 March 2014. To access all six slideshows and to find out more about this and our other events, please contact LoveWorkLife: Click icons! 020 3145 0600 Organised by LoveWorkLife in partnership with Mercury xRM. Visit www.loveworklife.com and www.mercuryxRM.com

Keeping it legal

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