Ilana Swimer

Ilana advises on organisational restructures and redundancy processes, guiding employers through strategic planning and consultation requirements.

• Navigated and implemented strategic workforce planning.
• Advised a cultural arts centre on its merger and restructuring and the requirement to collectively consult about the redundancies.
• Advised various entities, including two large advertising agencies, a production company, a nursery and a number of other entities, about undertaking a redundancy exercise.
• Advised individuals on exit arrangements whose roles were redundant following an organisational restructure.

Ilana advises on day-to-day HR issues including disciplinaries, grievances, and performance management, offering practical support to employers from SMEs to global institutions.

• Advised in relation to employees who are absent from work due to stress or other workplace issues.
• Advised on workplace underperformance, disciplinary, and grievances.
• Managed out poor performers.

Ilana advises on discrimination and equality issues, representing both employers and employees in claims involving disability, race, sex, and religious discrimination.

• Represented an employee who was absent from work following a brain tumour, his claim relating to disability discrimination, and his successful return to the workplace.
• Negotiated severance packages for employees of all levels of seniority who raised claims of race, sex, and age discrimination, whistleblowing, unfair dismissal, and constructive unfair dismissal.
• Represented Bear Stearns on its successful defence of a disability discrimination and unfair dismissal claim.

Ilana advises on protecting business interests through restrictive covenants and confidentiality provisions, and enforcing post-termination restrictions in the High Court.

• Acted for a leading construction and recruitment and logistics business to enforce post-termination restrictions against departed employees acting in breach of their obligations.
• Enforced restrictive covenants in relation to departed employees who set up in competition and solicited and dealt with former clients for clients in various sectors including a brand design agency, a bespoke wedding and party planner, an insurance provider, and a printing business.
• Advised an inter-dealer broker regarding a team move and breach of post-termination restrictions (claim settled before the court delivered its judgment).
• Represented an insurance company in a claim it issued against a former employee acting in breach of post-termination restrictions (claim settled out of court).

Ilana advises on sensitive senior exits, including founder disputes and the departure of underperforming or disruptive executives.

• Advised a technology company and a production company on the departure of underperforming senior employees.
• Advised a radio production company and a brand design agency on the departure of an underperforming founding shareholder.
• Negotiated departure arrangements and severance packages for senior executives, with experience of representing both the companies and the employees.

Ilana advises on service agreements, consultancy arrangements, and workplace policies.

• Negotiated, drafted and advised on directors’ service agreements, contracts of employment, staff handbooks and policies.
• Reviewed workplace policies and procedures.
• Advised on set-up.
• Advised on the employment status of individuals working on an ad hoc basis and engaged via an app.

Ilana advises on employment aspects of corporate transactions including share sales, TUPE transfers, and outsourcing.

• Advised EDF on the employment aspects of its £12.5 billion takeover of British Energy and the £5.8 billion disposal of its network’s distribution business.
• Collaborated with corporate colleagues to provide employment law corporate support on the employment law aspects of share and asset transactions, including the sale of an ice-cream business, the transfer of employees pursuant to TUPE for a leading telecommunications company, management of TUPE issues on intra-group transfers, and drafting warranties and indemnities for inclusion in transactional documentation.
• Advised on TUPE including information and consultation process.

Ilana advises both companies and employees on all aspects of both non-contentious and contentious employment law. Her clients include education trusts, charitable foundations, and religious organisations.

• Negotiated, drafted and reviewed consultancy agreements including for a charitable foundation and charity focusing on the provision of education.
• Defended a charity focusing on science and technology research on the departure of a consultant and related matters, including a spurious claim for defamation and breach of contract.
• Defended a charitable entity in a claim brought by a former employee for unfair dismissal.
• Advised a charitable entity in a claim for race and religious discrimination brought by a former employee.
• Advised various entities including three charities about undertaking a redundancy exercise.