What to do when your new recruit comes with restrictive covenants
Rachael provides employment law and HR advice to both the private and public sector advising on a broad range of contentious and non-contentious matters. She acts for a wide variety of clients, including businesses and individuals, and is regularly asked to advise on day-to-day employment queries and strategies, including disciplinary/grievance matters as well as the termination of employment and settlement agreements.
Rachael frequently provides transactional support on company acquisitions and complex aspects on business restructures. She also deals with tribunal litigation claims relating to unfair dismissal, discrimination and TUPE.
Rachael is a qualified coach and mentor having completed the ILM’s Level 5 Diploma in Coaching and Mentoring – clients often find this as added value when seeking to enhance their HR strategies with a particular focus on employee engagement.
Rachael completed the Legal Practice Course, with a distinction in employment law, in 2009 and qualified as a solicitor in 2012.
Rachael joined the Brachers’ employment team in 2014 and was with the firm for over 5 years. After a short break, Rachael has now rejoined as a Consultant.
Rachael specialises in:
- Employment law & HR
- Corporate support and TUPE (transfer of undertakings/businesses)
- Settlement agreements
- Employment tribunal claims
- Reorganisations, redundancy and restructuring
Qualifications and Memberships
- Kent Law Society
- Employment Lawyers Association
- Institute of Leadership and Management Level 5 Diploma in Coaching and Mentoring
- The Law Society
Rachael's recent cases include:
- Represented an insurance company on trying to enforce its restrictive covenants against an ex-employee where the estimated losses were circa £200,000. Successfully managed to recoup a substantial amount of losses suffered, as well as receiving an undertaking from the employee to refrain from further breaches.
- Advisor to a financial services business dealing with a complex tribunal claim, involving over 40 claimants and four respondents (including the Secretary of State) where the claimants were claiming that they had TUPE transferred to our client.
- Advising a CFO on their settlement agreement and successfully negotiating a 200% increase in their exit package.
- Advisor to a business support company selling its entire portfolio of properties, worth £7.5m, where the buyer required the client to remove all employees pre-exchange. Prepared a delicate communication strategy and successfully received settlement agreements from all employees to terminate their employment.
- Acted for one of the largest contract canning providers in the UK, on a major acquisition to a private equity investor, known for investing in UK headquartered business worth £20m to £150m. Responsible for advising the shareholders, who were retaining a minority interest in the new private equity ownership structure, on their role in the continued growth of the business which involved negotiating and agreeing the NED appointments, service agreements and employment contracts.
- Advising an educational trust on the transfer of 3 academy schools. Taking the lead control of the employment support involved in this project and conducting the due diligence required on our client’s acquisition.
- Lead advisor to a family manufacturing business on making 100+ redundancies. Matter was complicated due to the way the services were to be wound down and firstly relocating its premises – successfully devised a strategy on how to conduct the consultation, as well as communication strategies (including the announcements, timetables and letters) and redundancy packages.
Articles by Rachael