Malcolm Mason

Malcolm advises individuals and organisations on dismissals/terminations, internal investigations, discrimination claims, disputes, and HR issues.

• Successfully defended and settled an unfair constructive dismissal claim by a consultant alleging an employment relationship, with sexual harassment claims involving delicate reputational issues and working with a multinational board of directors.
• Defence and settlement of a difficult and delicate constructive unfair dismissal involving containment for reputation reasons. Advised on and managed a long and careful process and procedure involving an employee with mental disabilities.
• Advised a foreign employer on a complex and delicate termination of a senior country manager which involved reputational regulatory issues and a lengthy investigation followed by dismissal and appeals. Defended successfully before full Employment Tribunal (6 days) and subsequent EAT appeal (denied).

Malcolm advises on all employment projects, including redundancies and restructures for UK and multi-jurisdictional organisations.

• Acted for Northrop Grumman, managing and completing a multi-year assignment on the $6.6bn acquisition of TRW and the subsequent $4.725bn part-sale of the TRW auto business involving 57,000 employees, numerous works councils and unions and across 30 jurisdictions and subsequent UK employment projects.
• Acted for The Talbots Inc. and was responsible for all UK employment, commercial and consumer credit legal work associated with the start-up of the company in the UK in 1993 and all subsequent expansion, including day-to-day legal issues and the ultimate closure of all stores including redundancies.
• Acted for a SW England-based national employer on a major redundancy exercise across all parts throughout the UK involving election of employee representatives.

Malcolm handles sensitive, high-level internal investigations, advising employers and employees on complex disciplinary, reputational, and regulatory matters in high-stakes cases.

• Advised and counselled a team of high-level US/UK bankers involving a 10-month-long internal investigation, including extensive audio recordings by the employer followed by full multi-day hearings. All clients successfully acquitted on all grounds.
• Conducted an extensive six-month investigation into allegations of serious and reputational level unlawful discrimination and inappropriate company-wide behaviour at various out of office functions, outings and retreats.
• Conducted an investigation into alleged employee criminal and fraudulent accounting activities leading to termination of employment and referral to local police for further investigation and criminal prosecution.

Malcolm advises employers on working time, holiday pay, commission, National Minimum Wage, and overtime issues, including complex claims and regulatory compliance, safeguarding both employee rights and employer interests.

• Advised an employer with a large commission-only workforce on holiday pay and working time issues and claims relating to commission and overtime.
• Worked with a client on a significant HMRC National Minimum Wage audit over a period of months, resulting in the identification of one small NMW error and thereby avoiding client being named and shamed. Subsequently, working with KC, conducting a thorough review of NMW practices and employment structures to best suit the client’s working structure including annual-hours and zero-hour contracts.
• Advised and counselled several US clients with UK operations on the significant differences in the law and practice regarding holidays and overtime in the UK compared within the United States.

The Lawyer – Employment Team of the Year Award – Honorary mention (2003)

Honorary Legal Advisor to the British Consul-General in New York (2000-2001)

US Courts Admitted: 1984

• State of New York:
• All New York State Courts
• US Federal Courts:
• District Courts for the Southern and Eastern Districts of New York
• United States Court of International Trade
• United States Supreme Court