Helen Wyatt

Helen advises on all aspects of domestic employment law from recruitment to termination and beyond, including recruitment practices, employment contracts, employment policies, matters arising during employment (such as disciplinary proceedings, grievances, bullying, harassment, discrimination, whistleblowing, TUPE transfers, restructuring, redundancy, contractual disputes), negotiating exits, and dealing with claims on termination or otherwise, protecting both organisational and individual interests.

• Negotiated a compromise agreement over an 18-month period relating to the termination of a fixed-term contract with 10 months left to run, for which the remuneration value in that period would have been £3 million.
• Assisted a household-name furniture retailer to restructure, with the closure of 8 retail outlets and the loss of 100 jobs.

Helen assists with dispute resolution of all types of workplace conflicts, including drafting and negotiating settlement agreements, mediation, conciliation, representation in Employment Tribunals or civil court, and advising on the legal remedies available.

• Brought proceedings on behalf of a female banker against a top-5 investment bank in respect of sex discrimination, unfair dismissal, victimisation, harassment, and whistleblowing claims. Settled at mediation for a seven-figure sum.
• Successfully prosecuted a claim for constructive dismissal and race/sex discrimination in which acts of interference with witnesses during the course of proceedings were pleaded as additional acts of victimisation.

• Successfully resisted a claim for payment in lieu of notice and compensation in excess of £75,000 under the terms of a settlement agreement on the basis that the claimant had lost her right to such payment because of repudiatory conduct or, in the alternative, rescission of the agreement based on her fraudulent or negligent misrepresentation.
• Obtained a rare re-engagement order for a client against a government department as a consequence of an unfair dismissal. During the 2012/2013 tax year, of more than 10,000 unfair dismissal cases disposed of at a hearing, only 5 claimants received a re-engagement or reinstatement order.

Helen has an interest the law as it relates to the recruitment industry and agency workers (or “temporary workers”), including recruitment industry practices, compliance with regulatory requirements, contractual obligations, sector-specific challenges, and best practices.

• Created a bible of 15 documents and a process map for an employment business, to assist with meeting the requirements of the Conduct of Employment Agencies and Employment Business Regulations 2003, the Agency Workers Regulations 2010, the requirement for informed consent to processing of personal data, and other requirements associated with the onboarding and supply of agency workers.
• Co-created a flowchart to help businesses in the recruitment industry (and others) to ascertain whether the off-payroll working rules (IR35) may apply to in its supply chain.

Helen advises on the effects of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) and assists with the employment aspects of business transfers and outsourcing arrangements.

• Assisted a small US-based software company to take over the management of a product inventory for a global company in Europe, involving service provision changes in four European jurisdictions.
• Provided advice on employment aspects of an acquisition by Chopstix Roadside on a number of restaurants in the UK.