Employment issues in Technology
The technology and communications sector is at the core of our practice.
We advise a wide range of clients in the sector on all of their employment, immigration and reward needs, both from a UK and wider international perspective. Our clients include some of the biggest US and UK headquartered companies in the sector, including five of the top ten Silicon Valley-based tech giants, in addition to innovative companies in the early stages of growth.
Alongside day-to-day advice and support, we have significant experience of advising on attracting, rewarding and incentivising high performers. We also advise on exiting underperformers, managing restructuring exercises, and advising on the people issues relating to acquisitions and disposals.
We recognise that your sector is specifically impacted by certain people issues, for example:
- whether (and how) TUPE applies to certain managed services and outsourcing arrangements, including advising on TUPE drafting in the service agreements
- diversity and gender pay
- managing mental health issues at work (and particularly the impact of stress related illness)
- employment status and the use of independent contractors and third party staff as a flexible resource
- navigating the hurdles of bringing employees into the UK and facilitating the movement of employees globally
We have significant experience of advising on all these areas within your sector in addition to defending Employment Tribunal claims, pursuing and defending High Court claims to protect rights over confidential information and intellectual property and enforce restrictive covenants, and managing Data Subject Access Requests and dealing with other GDPR and workplace data protection issues. We also partner with our clients to design and successfully implement a wide range of international projects, from contract and policy reviews, to cross-border investigations and post-acquisition integrations.
Toni Lorenzo, Michael Anderson and David Samuels write for People Management: Mitigating the impact of an unlawful team move30 May 2019
Can you prevent former employees from competing even in the absence of enforceable restrictive covenants? Toni Lorenzo, Michael Anderson and David Samuels report for People Management in light of a recent Court of Appeal ruling.
Court of Appeal maintains interim springboard injunction in team moves case15 March 2019
Lewis Silkin has been successful in the Court of Appeal in resisting a challenge to the appropriateness of a springboard injunction secured in the High Court late last year. The injunction relates to ongoing legal proceedings concerning a team move and prevents a number of our client Secarma’s former employees and their new employers from competing and otherwise acting unlawfully.
Court of Appeal rejects Uber's worker status appeal20 December 2018
The Court of Appeal (“CA”) has upheld, by a 2:1 majority, the ruling of the Employment Appeal Tribunal (“EAT”) that drivers engaged by Uber are “workers” rather than independent contractors. The majority also upheld the finding of the Employment Tribunal (“ET”) that drivers are working when they are signed into the Uber app and ready to work.
Science and technology committee calls for free movement of skilled workers31 July 2018
To some of us, science has an ethereal power. It creates and changes the rules rather than simply being bound by then. So it comes as no surprise that the science and technology committee has suggested free movement of scientists (and all skilled workers) to the UK. Albeit for only 180 days.
Naomi Hanrahan-Soar writes for The Stack: Keeping top tech talent through immigration compliance22 February 2018
In an article for The Stack, Naomi Hanrahan-Soar speaks on the importance of foreign talent to bridge the tech skills gaps, power innovation, and drive our digital economy.
Naomi Hanrahan-Soar writes for FinTech Futures: Immigration in the banking technology industry: a positive story22 January 2018
Naomi Hanrahan-Soar writes an article for FinTech Futures, discussing the tech sectors heavy reliance on foreign nationals to provide the technical skills required in the workforce. Accordingly, Brexit, and the potential to restrict access to that talent pool, brings additional concerns for employers.
Immigration in the tech industry - by any measure; a positive immigration story29 November 2017
Representatives from some of the leading companies across the industry joined forces to host a Migration Advisory Committee (“MAC”) roundtable on 13 September, coordinated by Lewis Silkin and techUK.
Context crucial to interpreting HR data correctly25 October 2017
Lewis Silkin's Chief People Officer, Penny Newman shares her thoughts in an article for HRmagazine exploring the importance of analysing people data intelligently and ensuring that context is always taken into account.