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Employment Aspects of Mergers & Acquisitions

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Employment law issues arise in most corporate transactions, whether it is a share sale or purchase, business transfer or other similar transaction.

How we can help

Understanding your commercial needs

Employment issues may even be a key issue - for example, ensuring key staff remain with the business, or that all potential employment liabilities are fully assessed and appropriately managed or factored into the deal, or that new contracts are put in place. The issues may well be complex, for example “mis-matched” employee concerns, or TUPE issues and it is therefore important to the smooth running of the transaction that our clients receive expert input from us to guide them through the various potential difficult HR issues that may arise.

Our employment specialists advise a range of clients across a number of sectors on all types of corporate transactions, from straightforward sale or purchase contracts to large multi-million pound IPOs, mergers, private equity investment and buy-outs, acting for buyers, sellers, management teams, investors and individuals. Our team will help you tackle the various issues that arise, and give practical solutions to them by assisting you with:

  • Early stage planning, risk analysis and strategic input on the employment/HR implications of the transaction.
  • Drafting and negotiating contractual provisions in the relevant share sale or business transfer agreement, including any TUPE provisions, to reflect the commercially agreed position and allocation of risk.
  • Complying with any information and consultation obligations, and drafting any associated documents.
  • Drafting retention payment letters, new service agreements, contracts, consultancy agreements and appointment letters.
  • Advising on terminations and drafting settlement agreements.
  • Advising on post completion HR issues or transitional arrangements, including secondment arrangements, redundancies, restructurings and harmonisation exercises.

 

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