BURGES SALMON LLP Dispute Resolution (continued) We have considerable experience in handling key public law, procurement and commercial dispute matters for government departments and agencies such as the FCDO, MoJ, DHSC, FSCS and the Cabinet Office. We are conscious of the nuances of managing litigation in the public sector, including national reputational issues, the requirement for key stakeholder briefings, policy imperatives and pressure on the public purse. We are familiar with ministerial briefings and the risk based analysis of issues (including using the Attorney General’s risk matrix). We offer case management expertise via bespoke project management tools and are able to provide creative solutions to help gain leverage and facilitate settlement. We work with our clients to resolve their disputes as quickly and cost efficiently as possible and, where appropriate, without recourse to the publicity of the courts. We are often able to resolve claims through the effective use of pre-action tools, and have considerable experience in all forms of alternative dispute resolution procedure. Our expertise includes: • Client-focussed, strategic approach to complex and key public law, commercial and public procurement disputes • Senior team members with DV, SC or CTC security clearance • Extensive experience in structuring and project managing complex and mission critical disputes for government and public bodies • Expertise in successful and high quality delivery in large and/or complex electronic disclosure exercises • Active use of alternative dispute resolution, including mediation and adjudication, including for government and public bodies • Familiarity with arbitration, specialist tribunals and the criminal justice system including specialists in fraud recovery • Rapid response to urgent and emergency situations • Reputation critical investigations and inquiries. Case studies Cabinet Office and DHSC Supporting HMG in defending live Judicial Review actions brought in respect of procurement policy and decisions (including award of PPE contracts to a major international supplier and the ‘Moonshot’ mass testing policy). We handled evidence preparation to support the defence working effectively alongside GLD and commercial teams. Department for Digital, Culture, Media & Sport Advising DCMS on the novel Film & TV Production Restart Scheme brought into operation during the Covid-19 pandemic including disputes arising from the Scheme. FirstGroup plc Advising in the Supreme Court and below, on the highly publicised test case for disability rights and equality law concerning access to wheelchair spaces on buses. Financial Services Compensation Scheme (FSCS) Assisting FSCS in recovery actions to recover compensation from financial services industry participants or their insurers in accordance with FSCS’ statutory objectives. Our experience covers acting on high value individual matters (worth £multi-millions), including in relation to off-shore investments, through to large scale portfolio actions relating to thousands of individual claims, on issues such as PPI or personal pension (SIPP) miss-selling. First Trenitalia West Coast Rail Ltd (FTWC) Acting for FTWC, a wholly successful Interested Party in the 2019 Rail Franchising Litigation, in a set of procurement challenges in support of the Secretary of State for Transport and costs proceedings including an application for costs. It involved some of the world’s largest train operator companies and the procurement of three major rail franchises, HS2, East Midlands and South Eastern, exceeding a value of £1bn per year. FTWC bid successfully for the West Coast franchise to operate passenger services on the West Coast Mainline and HS2. Back to contents Back to contents 12
BURGES SALMON LLP Employment Law How we can help you We provide employment law advice to a wide range of public sector bodies as well as to FTSE 100 and 250 listed companies, smaller companies, and those in the not for profit sector. We regularly advise on high profile and business critical projects for these clients. Our experience in delivering advice for this wide range of clients means there is little we haven’t seen before. As one of the largest teams of employment lawyers in the UK, we are active in helping to shape UK employment law and participate actively in numerous employment law organisations and committees. Our expertise includes: • Strategic employment law advice – on complex HR project work, such as TUPE, restructuring and redundancy projects. We add value by shaping our advice to factor in upcoming changes in law and/ or regulation, market insights and issues we have seen arise before to deliver solutions that we know will work on the ground. • Employment helplines – offering immediate access to a designated team of employment lawyers who know you and your organisation. Regular reports on helpline usage are also included in the service. This allows us to identify trends and recurring themes and work with you to identify solutions which may, in turn, help reduce legal spend. • Employment grievances and disputes – advising on grievances, disciplinaries and workplace disputes (including advising on related DSARs) and advising on settlement agreements and exits including at senior executive level. Running employment tribunal and High Court claims to ensure they are both cost-effective and managed to a high standard. • Investigations, regulatory compliance and whistleblowing – advising on and carrying out workplace investigations, including in relation to sexual harassment and other forms of discrimination and offering expertise on whistleblowing law and ESG reporting and compliance. • International and cross-border employment law advice – working with our network of ‘preferred firms’ we provide high quality advice on international employment issues for our UK and international clients. Case studies Foreign, Commonwealth & Development Office, Government Property Agency, Defra and Department for Transport Advising all of these public sector clients on major facilities management (FM) services procurements and outsourcings across their various estates. Our advice includes advising on the procurement for UK and European FM services covering a range of jurisdictions (including drafting tender documents and contractual provisions in line with Government standards, engaging with bidders in procurement processes, contract negotiation and co-ordinating overseas advice in respect of the FCDO project. The Office for Students Advising on the full range of ER and employment law advice and services, including internal grievance and disciplinary procedures, complex employment tribunal proceedings, drafting contracts of employment, secondment agreements and contractor agreements, and advising on the implications of TUPE in various wider public sector restructures. We have been acting for the OfS and its predecessor organisation HEFCE for over 20 years. Department for Education Advising on the provision of children’s services, and the accompanying support service arrangements, to a number of Councils in the UK including Birmingham City Council, and the Unitary Councils in Northamptonshire and Slough Borough Council. We have advised on the employment aspects of the provision of these services including the large-scale TUPE transfer of employees, trade union consultation, secondment arrangements, negotiations of the services and support services contracts, and a number of issues of public law relevant to the local government sector. Ofcom Advising on their employment law matters following a competitive tender process where we were appointed in 2023. This includes advising on a full range of employment law issues, a number of which have been at board level. Back to contents Back to contents 13
Loading...
Loading...
Follow Us
LinkedIn
Twitter