Regulatory issues

Employers have to be able to operate within a highly regulated environment. Some sectors are more highly regulated than others but none are free from the dreaded red tape. For example, the banking and financial services sectors are increasingly regulated with regard to the way they employ and incentivise people. The regulatory regimes for professional services employers such as law and accountancy firms are subject to substantial change. Public sector, health and charity employers need to be aware of the regulatory constraints under which they operate with regard to employing and severing relations with staff.

Other regulations are not sector-specific. For example, health & safety, criminal record checking and data protection issues frequently arise in an employment context across a wide range of sectors

Examples of our assistance to employers in this area include:

  • advising banking and financial services clients on FCA and other regulatory issues arising in relation to employment, including with regard to bonuses, malus, clawback and “fit and proper person” issues
  • advising law firm clients on regulatory issues arising in relation to the employment of solicitors, including with regard to misconduct and fitness to practise
  • advising public sector and charity clients on regulatory issues concerning severance agreements, including with regard to settlement payments, pensions enhancements and the proper use of public funds
  • advising a wide range of clients on data protection issues, including in relation to data subject access requests and the monitoring of employees
  • advising public sector clients on freedom of information requests and the potential exemptions that apply in particular circumstances
  • advising a wide range of clients on criminal record checking and rehabilitation of offenders issues.
  • where necessary defending or pursuing claims for employers in the Courts and Tribunals.