1. Ruth Harvey
Employment Lawyer/HR Consultant
Mobile – 07710 577100 Email:ruthmharvey@yahoo.co.uk
JANUARY 2015 – DATE - Currently available on short notice.
Various interim legal/HR and business development projects, including:
- Complex disability discrimination case, review and advise on interlocutory matters,
draft ACAS Questionnaire and FI on Disability, instruct medical expert and forensic
review of medical notes for purposes of 12m disability time limit, draft witness statement
and detailed schedule of loss, liaise with Counsel on extent of FTMRA’s and dismissal;
- Analysis and merits assessment of pension case involving collective variation of
terms, potential age discrimination and relationship with sickness absence;
- Drafting business protection provision including PTRs;
- Advising individuals in medical profession conduct/criminal issues with regard to
NMC/GMC (addiction/race), including Human Rights, testimonials and response;
- Consideration of contractual death in service entitlements;
- Local Authority contracts/employee status and IPR rights, effect of repudiation and
notice/re-employment;
- Consider public sector appraisal process;
- Advise on shares for employment status proposal on private equity acquisition;
- Advise on impact of career break/injury on continuity of service;
- Financial sector misconduct/client relationship issues;
- Review of transgender rules and GRC;
- Numerous individual redundancy negotiations and advice, including PR and
commercial issues, TU advice, settlement agreements, interaction with mortgage
protection policy and good faith;
- Consider disciplinary process and potential whistle-blowing claim in respect of
recruitment agency commission manipulation and employment status;
- Advise on “redundancy” of trouble maker, and potential international redeployment;
- Consideration of effect of accident on SSP entitlement;
- Advised expert on professional position in case of possible perjury/fraud by other
side;
- Strategic and HR advice on board room dispute/potential ET claims
(misconduct/capability/PIDA/SSP and contractual sick pay)/shareholder/director issues.
Consider interim whistle-blower relief;
- Advice to company in unpaid salary claims, including breach of contract, counterclaim,
and unlawful deductions strict liability;
- Review and advise on contracts of employment and necessary best practice and legal amends;
-Advise individual on PTRs and enforceability – and confirm strategy between old and new employer
Various business development initiatives in catering/legal/photography/IT sectors including
establishing and developing social media presence on Linked In/Trip Advisor, liaising with local
press and analysing advertising returns, drafting articles, setting up, checking and updating
databases, and arranging promotions and mail shots.
Prince 2 trained. CIPD research and study for CIPD assessment and accreditation. 4 experienced
and senior HR mentors.
2. MOST RECENT FULL-TIME POSITION - January 2014 to October 2014 – Cantor
Fitzgerald/BGC - inter dealer brokers – Interim in-house lawyer/maternity cover
Duties include key Employee Relations role bridging Compliance, HR and Legal and dealing with
all forms of grievance, investigation and disciplinary issues
Handling ET race discrimination/UD claims, TUPE and acquisitions/disposals/green field
outsourcing, remuneration, drafting warranties and indemnities and managing ELI; CRD
4/RemCode19A, performance management, tax, international redundancy and settlement
agreements, contract review, post-Tupe variation, business protection including in/out, potential
industrial sabotage and managing pragmatic solution, preparing multi-jurisdictional consultancy
agreements; managing whistle/blowing and health and safety issues; recovery of overpaid
salary/loan; calculating schedules of loss and attending remedies hearing; share option schemes
and TUPE; closure of parts of European business; age discrimination and life cover liability;
employer claims against new employer and departing employee. Considering effects of ECJ case
of Lock on commission and holiday pay issue, calculating liability, reviewing contracts and
considering next steps. Review of complex medical evidence in respect of disability claim, including
liaising with medical experts, reviewing causation and losses. Managing litigation with recruitment
agency. Reviewing recruitment agency T&Cs and liaising with business as to enforcement, drafting
international consultancy agreements. Investigating potential expenses fraud allegations and
supervising process; checking FCA reporting obligations and managing appeal. Running flexible
working/sex discrimination ET claim including preparing ET3 and witness statements and
managing disclosure/bundle preparation. Obtaining mitigation evidence and preparing detailed
counter-schedules of loss. Arranging training on Injury to Feeling psychiatric damage and personal
injury in the ET, liaising with external counsel. Advising on relocation between French/London
office and considering regulatory issues; Dealing with SAR; Termination and settlement
agreements; Contract variation and performance management. Knowledge of new seniormanager
regime andresponsibilities.
September 2013 to November 2013 – Participated as crew in Clipper Round the World Yacht
Race – Legs 1 and 2 – London to Rio de Janeiro (Line Honours) and Rio de Janeiro to Capetown.
Employment History
February 2013 to September 2013 – Cyprus Popular Bank (Laiki) - Interim HR role/employment
law role and member of senior management team during Eurozone crises. Responsibility for 130
matrix multi-site staff.
Responsibility for HR/staff ER functions, especially employee engagement during crises situation to
preserve value of assets. Full HR/Trade Union and press management. Liaison with Central Bank
of Cyprus, Bank of England, UK Regulatory bodies, Bank of Cyprus. Complex TUPE and
performance management/incentivisation. Sensitive and extensive consultation (statutory and good
practice based) with recognised trade union over actual and/or potential transfers of undertaking
(or parts) to various putative transferees, and redundancy process.
July 2012 to February 2013 – Employment Locum - Herbert Smith Freehills:
Advice on full range of Employee Relations issues notably grievances, investigations and
disciplinary issues
High profile TUPE advice in sporting and railway sectors
International VDD on energy disposal
Main listing restructuring and acquisition
FSA regulated terminations
Interim review of government agency PFI contracts
Anglo-African intercompany transfer
General and specific DD in energy transaction involving potential £16m equal pay exposure
TUPE/S218 issues arising out of Part VII Banking Act transfer
Advising on potential TU collective claims in complex TUPE/collective redundancy acquisition in
TMT sector
Advised on acquisition of flagship hotel
3. Light touch advice on potential injunction/breach of PTR claim
Preparation of bespoke umbrella terms for provision of agency workers for industry leader
Advised on TUPE and QCS proposals in transport sector
January 2012 to July 2012 – Maternity cover - Paul Hastings:
(Variable full/ part-time with other projects)
Advice on full range of Employee Relations issues notably grievances, investigations and
disciplinary issues
Multi-national £2.5m commission claim
Preparation of international standard form contract for global organization
Co-ordinating multi-jurisdictional redundancy programme;
Advising on international organisation of legal function for known brand co - and extent of
obligations for re-deployment
Investigation on potential regulatory breaches in FSA trades considering US enforcement agencies
Data protection advice on pre-employment vetting and drug testing
Advising on enforcement of international PTR's
UK acquisition involving various TUPE avoidance issues
Handbook review and drafting (including various business protection considerations)
Assessing risk on complex DD in manufacturing sector
Advising on potential for TU recognition
Advising and negotiating SPA and PAMA in purchase of shopping mall, and in particular TUPE
risks
Advising and managing sex and equal pay allegations as part of redundancy process in publishing
sector
Considering change in control provision in connection with potential hostile acquisition
Advising on UK and EU law on EWC/TICE provisions for pan-European entity
Liaising with specialist immigration adviser on serious visa breach for CEO
Advising on new business set up of US parent in UK and considering tax exposure
Advising bank on potential whistle-blower/victimisation claim - finalise settlement
Checking and reviewing US performance management programme for import into UK
July 2011 to September 2013 – Various part-time locum/HR positions
Worked in-house part-time for pharmaceutical company dealing with complex high value
DDA/PI/W-B case – settled after detailed forensic analysis of medical and pharmaceutical evidence
(RHL)
Completed HR operational issues and implementation arising out of two stage FSA compliant City
broker house mergers and subsequent collective redundancy and restructuring - completed
litigation free (People Puzzles)
Advising corporate business adviser on TUPE in IT contracting sector
Interim intermittent holiday cover and consultancy for US law firm - Arnold & Porter
In-house project with international Bank - Handbook and employment contract review. Business
protection/data protection
HR consultancy with range of SME clients (People Puzzles) – predominantly Employee Relations
based
Permanent Employment History
2005 to July 2011 Hunton & Williams
Senior Associate
2000 to 2005 Hammonds
Senior Assistant
4. 1996 to 2000 Sheridans
Partner
1994 to 1996 Barnett Alexander Chart
Assistant Solicitor
1992 to 1994 Cartwright Cunningham Haslegrove
Assistant Solicitor
1986 to 1992 Laderman & Co
1988 to 1992 - Assistant Solicitor
1986 to 1988 – Articled
Experience within Roles
Private/Public/Advisory Sector TUPE
Shared service centres and MSA’s
In-sourcing and outsourcing of major IT contracts, engineering maintenance, reception,
security, financial archiving and HR/payroll
Negotiating warranties and indemnities, and ETO dismissals/variations
Performing due diligence, post TUPE rationalisations, collective consultations, valuation
and dismissal
Significant pan-European/global experience
Short time scale shift from share sale to asset sale transaction and appropriate shift from
non-TUPE to TUPE transfer: urgent informing and consulting process
Extensive TUPE Public (local and central government), air traffic control, baggage
handling, bird-scaring, buoy maintenance, pathology services, dialysis, street cleaning,
communications, health and safety advice, arboriculture, bus routes; PFI in scho ols/library,
hospitals, and primary (LiFT)/secondary (DTC's)/care centres, rail, airports, community
education colleges; LUL PPP; negotiations on pan-European MSA’s and Hard and Soft FM
transactional support in building maintenance, IT, catering, transport, security; Impact of
TUPE on mass secondment: Health sector
Work includes: Client variations to contract and impact on TUPE application; insolvency
and sale of business; interaction with restrictive covenants; TUPE pension liability
comparability in LGPS/passported schemes; trade union issues; 2-tier TUPE; ODPM Code
and Cabinet Office Guidance; TUPE+; RoE model; Judicial Review; variation to terms &
conditions; long-term TUPE exposure; bid calculations; contract and specification
management; market testing; individual and collective consultation; multiple Employment
Tribunal applications; risk profile assessments; misrepresentation, indemnities and bad
faith
Advising opposition front bench on Local Government Bill - effect of (then) A85public
procurement and ARD (TUPE) on Government "best value" proposals drafting
amendments to bill
Consultant to Public Contractors Association (1994-2006), including lobby trip to Brussels
and potential challenge to HMG on improper implementation of ARD
Advising works council on collective redundancy/TUPE on international takeover - top 5
world merger issues (EXXON/ESSO)
Restructuring including TUPE issues on company rescue - multiple redundancies and/or
job redefinition - liaison with new management team on purchase
Advice to insurance sector regulator on transfer of function and wind-down of body
Various
In-house training on disciplinary procedures for major retail chain; standing trainer to major
recruitment firm
Advising industry representative bodies and provision of Legal advice help line (e.g.
recruitment sector - Advisor to IEC/FRES 1996-2000 (now REC)) on legal updates e.g.,
data protection, working time, employment status, trading terms of supply and preparation
of published employment law guide
5. Employment law assessor and advisor to solicitor’s insurers - Risk assessment and liability
reports
Restructuring and redundancy including plant and office closures
Preparation of cradle to grave contractual documents i.e. handbooks, policies, processes,
procedures and compromise agreements
Advice on UK employment law aspects, data protection and privacy - various high profile
clients
Substantial domestic and cross border experience in mergers, acquisitions and other
corporate support. Supporting inward investment interest from US to EMEA. Stock
Exchange and AIM listing employment advice including service agreements, business
protection, NED appointments and incentives. Due diligence reports – long and short form
EU Litigation: Grant v SWT - Rights of lesbian couple to travel pass - incorporation of
Equal Opportunity Policy into Contract (CA refused leave for further appeal) and (then)
A177 Reference to European Court of Justice on scope of (then) A119 and EPD/ETD
Mason v UK - European Court of Human Rights. Secured change in law on unfettered right
of accused to cross-examine rape victim
Full support and advice given and provided on practical issues arising out of Employee
Relations function, especially in regulated sectors
Business Protection Litigation
High Court proceedings involving company protection issues - competition, customer
contacts, confidential information and employee poaching (team and individual)
Advice on international Intellectual Property Rights enforcement in green energy sector
and sustainability software
Emergency injunctions and general strategy advice
Industrial espionage - prevention and cure - limits on activity and implications consideration
of issues of proof - especially digital evidence
Advice to market leading web design company on protection of creative employees and
world class broker business on inducement claims and successful recruitment strategy
Analysis of international issues arising out of disciplinary proceedings of senior executives
of multinationals and post termination protection - reputational damage
Whistle-blowing Litigation
Sensitive whistle blowing negotiations on termination in transport/IT/sports sector/financial
services: claim involving secondary bank - £2m potential claim over FSA and other
compliance issues - management of Disclosure process and other Interlocutory matters -
settlement achieved on redundancy basis
Management of high profile/value claim involving public safety in public transport sector;
Internet security of CC encryption; secured full withdrawals of multiple high value claims in
pharmaceutical sector, no compensation
Managed individual litigation surrounding board disputes between Directors - US And UK
listed company
Collective Litigation
Management of advice in various industrial action (Strike and action short of a strike)
disputes in public and private sectors - all action successfully averted primary and
secondary action and consideration of ballot validity and TU liability. Advising tertiary bank
on TU victimisation allegations post TU recognition procedure - CAC application. London
Weighting industrial dispute and negotiations with TU's - Secondary action. Advised
financial institution Employee Share Ownership Scheme on potential claims after
nationalisation. Advice on works council and other trans-national obligations, including
local Employee Relations.
Contentious TUPE
MRS Environmental Services v Duke - TUPE knowledge - EAT. CA ruling on 2 year
qualifying service for unfair dismissal
Connick Tree Care v Others - application of TUPE to local government market testing -
EAT
Sodexho and Others -v- West Sussex: Brighton dinner ladies case - 331 Applicants - EC
law reference sought on TUPE evasion. Management of whole litigation including 2 week
6. PH, 2 EAT appeals and potential ECJ reference. Successful negotiations involved shared
settlement
Discrimination Litigation
Major Company re-structuring and redundancy programme for broadcasting corporation
with sensitive race/religious discrimination and complex collective issues - management of
subsequent Employment Tribunal claims
High value race discrimination case on grounds of US nationality
Challenge to professional body examination process on the grounds of disproportionate
effect of visa requirements: secured change in rules.
Appeal to CA on extent of Justification defence under DDA Communications sector -
Williams -v- JWT and advising on effect of disability discrimination and sickness on
redundancy selection process - "holy grail" adjustments
Other Contentious
● Board room disputes and senior executive terminations, and associated tax and
shareholding issues.
Restructuring and redundancy programmes (individual and collective) and fall-out litigation
on selection process, flexible working and other family friendly rights (maternity time off
etc.), disciplinary and performance management, sickness and disability issues,
discrimination (age, race, gender, religion, disability and sexuality) , bullying and
harassment, unfair dismissal claims, breach of contract claims, bringing and defending
High Court injunctions for breach of confidential information obligations and post-
termination restrictions, bonus and commission disputes.
All Employment Tribunal proceedings e.g. Unlawful deductions, whistle-blowing, industrial
action management (balloted and unballoted strikes, action short of strikes), equal pay,
ring and responding to discrimination questionnaires.
Sensitive work-place issues, claim management and settlement, compromise agreements,
tax and benefits , data protection, monitoring and surveillance.
CAC applications for TU recognition.
Managing change and variations to employment environment/terms and conditions.
Dealing with all aspects of the litigation process, including CPR and ET Rules
Full range of Employee Relations advice and support on grievances, disciplinary, and
performance and sickness management
Other Non- Contentious
Restructuring and redundancy programmes (individual and collective), drafting handbooks,
policies, procedures, offer letters, contracts of employment, service agreements, NED
letters
Preparing and reviewing recruitment processes, undertaking and reporting on employment
Due Diligence, reviewing and marking up share purchase and asset sale agreements (and
hybrids), for Seller and Buyer, reviewing and marking up PFI and Project agreements, full
range of warranties and indemnities, drafting AIM support documents (including
prospectus) and protecting interests of brokers/investors, reporting on employment
structures
Private Equity advice including to management team, company and investor
Advising on all aspects of Outsourcing process (for Vendor and Client)
TUPE and Acquired Rights. Full communications management of TUPE process.
Identifying and managing pension issues
EMEA in-house advice for law firm and international bank.
Preparing and reviewing secondments and consultancy agreements (individual and mass)
Dealing with Trade Union recognition agreements and collective bargaining
Preparing and delivering training courses
Checking and reviewing precedents
Intra-Company reorganisations
Drafting and reviewing business protection documentation including Intellectual Property,
Confidential Information and post-termination restrictions
7. Advising on directors rights and responsibilities and various corporate governance issues
Equal pay audits.
Benchmarking job roles and descriptions
Works Council and related consultation management, (especially TUPE related)
Data Protection advice, including subject access request management
Benchmarking and Equal pay assessments
EU inward investment advice and management, notably from US
Awards, Publications & Marketing
Awards & Recognition
Outstanding Service Award, Pro Bono, Hunton & Williams, 2008-2011
Trinity - a project which supports separated children and young people (e.g. due to war,
trafficking or asylum) in East London
Breast cancer support charity
Assisted Hague Convention international child abduction case - London/New York.
Presented to HRH Prince of Wales for services to charity, December 2010
Publications
Co-author, European Outsourcing: Growing Demand Highlights Data Protection and Other
Key Issues, European Briefings (September 2006)
Contributor, Rehabilitation Review monthly newsletter, Employment Law (2005-2009)
Erstwhile Editor, Employment Law Factfile (1994-2002)
Various client information sheets and HR packs
Marketing Activity
High level of marketing activity and recognised Business Development skills including
appearances on Radio 4/BBC TV, consultant to various journalists, preparation of regular
information bulletins to internal market within US; training;
Build $1m employment business in 3 year period from green field site at Hunton & Williams
Cross-selling within firm utilising employment as “entry level product”, employment
contributor on Rehab Review, speciality publication for insurance, HR and disability sector;
writing other articles and papers (with especial EU emphasis), in-house client training
preparation of pitches, planning seminars (Protecting your business, directors dilemma’s),
general client networking; monitoring of industry specific web sites for sector developments
Overhauled and updated employment law database and information resource sheets
together with standardised guidance notes for colleagues and clients (e.g. interaction
between S218 ERA 1996 and TUPE).
Working on development of HR/employment law IT programme for SME sector
Additional Information : Ruth has particular experience in relation to TUPE, Post Termination
Restrictions and Confidential Information, Discrimination, Outsourcing and Industrial Action. Ruth
has particular experience in the following industry sectors: Construction/Projects, Public/Private
Sector Interface, Media and Communications, Recruitment and Financial Services and
Pharmaceuticals. Ruth is an experienced speaker, broadcaster, author and editor. She also had a
monthly employment law slot on National radio (Five Live).
Education
Newquay Treviglas School Languages - Working French, conversational Greek
8 O’ levels, 2 AO levels Interests - Travel; Photography; Notgeld
3 A’ levels (A,B,C)
Queen Mary College, 1985 - LL.B (Hons.) College of Law, 1986 - Law Society Final Examinations