Asha is an employment lawyer providing day-to-day employment law advice to corporates and senior executives, with particular expertise in TUPE, redundancies and reorganisations. Her client base is varied, ranging from companies within the energy (particularly windfarms) and maritime sector to advertisers and technology.
She has worked on a number of matters relating to the application of TUPE on conclusion of operation and maintenance agreements (OMAs) and service and warranty agreements (SWAs). She also has expertise in TUPE within the outsourcing context. Asha also assists in implementing large-scale redundancy exercises and advising on collective consultation requirements.
Asha has worked on a number of high-value and high-profile corporate transactions, and has a wealth of experience drafting and negotiating directors’ service agreements and non-executive agreements. She has also assisted with a number of high-profile senior executives’ departures.
Additionally, Asha is a regular speaker on employment law matters for clients as well as for other organisations, including ILAG (the trade body representing members from the Life Assurance and Wealth Management Industries) where she recently presented to its Non-Executive Forum on the legal aspects of whistleblowing affecting the financial sector. She also speaks on behalf of the CIPD and at client events hosted by Michael Page Plc. She is the author of the ‘Employment Law’ chapter of the UKTI’s publication, Business Guide to the UK.
Expertise
Non-contentious
- TUPE and outsourcing
- Redundancies
- Reorganisation
- Restructuring
- Settlement agreements
- Directors’ agreements and non-executive agreements
- Director disputes
- Dismissal, disciplinary and grievance procedures
- Employment documentation including terms and conditions of employment, staff handbooks, directors service agreements, consultancy agreements
- Employment law training and workshop
Contentious
- Defending and bringing Employment Tribunal claims
- Discrimination claims including disability and age discrimination
- Redundancy, restructuring and outsourcing, and TUPE claims
- Unfair and wrongful dismissal
Experience
Corporate Transactions
- Advising in connection with the employment aspects of SMT Holding SA’s business acquisition of Volvo Group UK Limited’s, UK constructions equipment business.
- Assisting a leading Japanese miso producer set up its health food operations in the UK and invest in a number of companies within the UK. Responsible for drafting services agreements for the management team and advised on various consultancy and secondment arrangements.
- Advising on the employment law aspects of Vattenfall’s acquisition of iSupply Energy Limited. Advising on the separation issues and application of TUPE and negotiating new service agreements for the senior management team.
Day to Day Employment Law Advice
- Acting as the trusted employment lawyer for a leading advertising / communications company. Advice extended to assisting with restructuring and resolving grievances together with drafting a new anti-harassment measures.
- Advising a company dealing with landfill sites in connection with potential whistleblowing complaints, the termination of employment for senior executives and on general grievance matters.
Redundancies / Restructuring
- Advising a leading oil and gas company on its downsizing resulting in large-scale redundancies in the UK. Advice extended to advising on collective consultation requirements and individual consultation with affected employees.
- Advising an oil and gas company in connection with its phase 2 downsizing, which included assisting with the redundancy of an employee in receipt of permanent health insurance.
Senior Executives
- Advising an Iranian national on the potentially discriminatory termination of his employment which was claimed to be on the basis that his continued employment was in breach of US Sanctions.
- Advising a senior executive on departure from the Garden Bridge Trust.
- Advising a partner on his departure from Bell Pottinger.
TUPE
- Assisting a leading windfarm operator in connection with its acrimonious departure from a windfarm site. Advice included providing complex TUPE analysis on the transfer of services to a number of new service providers.
- Conducting a national analysis for a windfarm operator on the past, present and future possible application of TUPE on expiry of the first term SWA services.
- Advising a railway transportation company on the implications of TUPE following a proposed change in service provider of it wagon maintenance services. Particular difficulties arose as a transferring employee was diagnosed with a terminal illness resulting in the new service provider being prohibited from replicating life assurance benefit.
- Advising an international advertising company in connection with the transfer of staff following its successful pitch for an in-flight publication.
Please note: The experience list above may include examples of work completed prior to joining Keystone Law.
Recognition
“Clients single out the ‘exceptional, empathetic and commercially sound’ Asha Kumar, who acts for a wide range of clients in the maritime and energy sector.” Legal 500 2017
A member of the Employment Law Committee of the Law Society of England and Wales
Career
Asha qualified as a solicitor in 2000. Prior to joining Keystone Law in 2018, she worked at Watson Farley Williams.