Ruth HarveyEmployment 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.

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 senior manager regime and responsibilities.

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 issuesHigh profile TUPE advice in sporting and railway sectorsInternational VDD on energy disposalMain listing restructuring and acquisitionFSA regulated terminationsInterim review of government agency PFI contractsAnglo-African intercompany transfer General and specific DD in energy transaction involving potential £16m equal pay exposureTUPE/S218 issues arising out of Part VII Banking Act transfer

Advising on potential TU collective claims in complex TUPE/collective redundancy acquisition in TMT sectorAdvised on acquisition of flagship hotelLight touch advice on potential injunction/breach of PTR claimPreparation of bespoke umbrella terms for provision of agency workers for industry leaderAdvised 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 issuesMulti-national £2.5m commission claimPreparation of international standard form contract for global organizationCo-ordinating multi-jurisdictional redundancy programme;Advising on international organisation of legal function for known brand co - and extent of obligations for re-deploymentInvestigation on potential regulatory breaches in FSA trades considering US enforcement agenciesData protection advice on pre-employment vetting and drug testingAdvising on enforcement of international PTR'sUK acquisition involving various TUPE avoidance issuesHandbook review and drafting (including various business protection considerations)Assessing risk on complex DD in manufacturing sectorAdvising on potential for TU recognitionAdvising and negotiating SPA and PAMA in purchase of shopping mall, and in particular TUPE risksAdvising and managing sex and equal pay allegations as part of redundancy process in publishing sectorConsidering change in control provision in connection with potential hostile acquisitionAdvising on UK and EU law on EWC/TICE provisions for pan-European entityLiaising with specialist immigration adviser on serious visa breach for CEOAdvising on new business set up of US parent in UK and considering tax exposureAdvising bank on potential whistle-blower/victimisation claim - finalise settlementChecking 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 & WilliamsSenior Associate 

2000 to 2005 HammondsSenior Assistant 1996 to 2000 SheridansPartner  1994 to 1996 Barnett Alexander ChartAssistant Solicitor 1992 to 1994 Cartwright Cunningham HaslegroveAssistant Solicitor 1986 to 1992 Laderman & Co1988 to 1992 - Assistant Solicitor1986 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 schools/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

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 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

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).  EducationNewquay Treviglas School Languages - Working French, conversational Greek8 O’ levels, 2 AO levels Interests - Travel; Photography; Notgeld3 A’ levels (A,B,C)Queen Mary College, 1985 - LL.B (Hons.)  College of Law, 1986 - Law Society Final Examinations