Robert Smedley

Rob has a keen interest in the financial services and experience of regulatory issues in the context of the retail banking sector. He managed Employment Tribunal support to a UK retail bank for several years and was on secondment with the bank’s in-house employment team during the COVID pandemic.

Recent Work

• Representing bank in high value disability discrimination proceedings from city trader dismissed for gross misconduct for aggressive behaviour towards colleague. Complex mental health disability status issues. Claimant withdrew claims prior to full hearing.
• Supporting with assessment of liability risks connected with ending personal contracting arrangements in light of IR35 and the introduction of services via umbrella management companies.
• Review and advice in connection with FCA requirements for managing non-disclosure provisions within settlement agreement scenarios, including amendments to internal guidance and template documentation.
• Successful judicial mediation in relation to disability discrimination complaint from former employee, where the client did not accept liability but was keen to support an agreed resolution, which would support the former employee with her health situation, avoid the need for lengthy proceedings, and give opportunity for both parties to move forwards.

Rob has a number of years’ experience working with energy sector clients, including two secondments to in-house legal teams in the UK, as well as managing employment law support to a global energy business based in Europe, which operates across 72 jurisdictions including the UK.

Recent Work

• Supporting the reorganisation of a group business, being split into two new group companies, with a resulting TUPE transfer of staff to one of the newcos or elsewhere within the group. The situation was complicated by the fact that not all employees were permanently within the UK or clearly aligned to one of the two business activities.
• Review and reorganisation of contracting arrangements and documentation for international workers operating across different group companies, joint ventures and jurisdictions. Consideration of worker status issues and associated liabilities within the UK.
• Several executive and senior employee terminations, which involved cross border issues and tripartite settlement arrangements, to ensure full protection for the wider employer group.
• Secondments to energy companies within the UK, one of which involved supporting the closure of a coal fired power station and the associated reorganisation and redundancy projects. The site had a significant number of long serving employees and strong trade union presence, so the different projects required detailed planning, day to day hands on support, and a sensitive approach to the people issues involved.

Recent Work

• Successful defence of unfair dismissal, age discrimination and whistleblowing claims from an employee, which arose out of a collective redundancy situation caused by the COVID pandemic. Litigation was supported by a trade union and involved allegations relating to health and safety which the client was determined to fight. Costs award secured against the claimant and his representative.
• Advising a UK food manufacturer in respect of a project to close a 200+ employee site. Advice in connection with collective and individual consultation including a successful approach to HMRC for tax clearance for enhanced redundancy pay arrangements.
• Programme of training to international energy business to support understanding of UK employment law, with specific sessions on topics such discrimination and TUPE, with ongoing helpline arrangements to support the group’s UK companies.
• Successfully defending claims of unfair dismissal, disability discrimination and race discrimination against a UK business from an international employee assigned in Asia. The multi-day Employment Tribunal hearing involved the management of witness evidence given remotely from four different jurisdictions.