Following the Prime Minister’s recent comment that the government hopes to soon be able to run the Coronavirus vaccination programme 24 hours a day and 7 days a week, many employers will be considering the implications of the roll-out for their staff, their business and a potential return to the physical workplace. A novel question that many employers may be battling with is whether they can legally require their staff to get the Covid-19 vaccine (particularly if the vaccine becomes available to the private sector in the future). In this CM Murray podcast, Elizabeth McEneny, Sarah Chilton and Wonu Sanda discuss this and more, including: - the historical legal background to mandatory vaccinations in the UK; - the impact of the employer’s Health and Safety obligations on mandating a compulsory vaccination policy; - whether an employer can require vaccination as a reasonable instruction or introduce it as a contractual requirement; - the discrimination risks that an employer may need to consider; - the human rights and data protection considerations; and - the possibility of potential personal injury claims. If you would like any further information about the issues discussed in this podcast, please contact Elizabeth McEnemy, Sarah Chilton or Wonu Sanda.

UK employment law information and advice

Can an Employer Legally Require their Staff to get the COVID-19 Vaccine?

CM Murray LLP, in association with Littleton Chambers and Fisher Phillips LLP, invite you to listen to an hour long podcast recording on “Atypical Worker Restraints and Beyond: Protecting Confidential Information and other Business Interests in Atypical Worker, Independent Contractor, Shareholder and Franchise Relationships.” In this podcast, which was recorded on 2 December 2020, David Reade QC (Littleton Chambers, London, UK), David Fisher (Partner, CM Murray LLP, London, UK), Mike Avila (Partner, Fisher Phillips LLP, Philadelphia & Washington D.C. Metro, USA) and guest speaker Myriane Le François (Partner, McCarthy Tétrault LLP, Montréal, Canada) discuss, from their differing experiences and perspectives: • Confidentiality and post-termination restrictions for partners, LLP members, contractors and agents • Restrictive covenants in share sale and business transfer agreements, including a discussion on restraint of trade • Choice of law issues • Enforcement in a foreign jurisdiction

Atypical Worker Restraints and Beyond

We are pleased to share with you the recording of our recent Professional Practices Alliance (PPA) live panel discussion on “Life and Partnerships without The Billable Hour: Business Model Transformation Post-COVID-19". The increasing use of technology to deliver professional services in new and more efficient ways means the billable hour is under pressure. Our expert panel consider the potential impact on business models in the professional services sector if it became impossible or irrelevant to measure billable hours. In this discussion, you can hear Session Chair Zulon Begum (CM Murray LLP), Corinne Staves (Maurice Turnor Gardner LLP), David Shufflebotham (PEP Up Consulting), Robert Millard (Cambridge Strategy Group) and guest speaker Philip Goodstone (UK&I Head of Law at EY) discuss the following: - Why do business models in law firms and other professional services firms need to evolve?   - How has the increased use of technology in the professional services sector driven changes in business models?   - Would the way that performance and profitability is measured by firms need to change?   - How would a firm’s governance systems need to develop?   - Would a change in business model impact the metrics and process that a firm uses for assessing partner contribution and compensation?

Life And Partnerships Without The Billable Hour: Business Model Transformation Post-COVID-19

We are pleased to share with you the recording of our recent Professional Practices Alliance (PPA) live panel discussion on “We Need to Talk About the Office". The Government’s announcement on 22 September that office workers who can work effectively from home should do so over the winter has resulted in many professional services firms halting their plans to bring staff back to the office and instead gearing up for a further phase of remote working. In this discussion, you can hear Session Chair, Corinne Staves, Maurice Turnor Gardner LLP and speakers Beth Hale, CM Murray LLP, Claire Watkins, Buzzacott LLP and Robert Millard, Cambridge Strategy Group discuss the following: • What positive lessons can firms learn from the previous experience of long-term remote working. How can we build on these? • What will firms do differently this time? • What is the long-term future of the office? Is it too early/uncertain to be making long-term decisions? • To what extent can evolved working practices be used as a positive opportunity to enhance culture and support strategic aims? For more information on the topics covered in this recording, please contact Partner Beth Hale (beth.hale@cm-murray.com), who specialises in partnership and employment law.

We Need To Talk About The Office

CM Murray LLP, in association with Littleton Chambers and Fisher Phillips LLP, invite you to listen to a 50 minute podcast recording on “The Impact of Global Disruption on Restrictive Covenants, and Protection of Confidential Information and other Business Interests around the World”. Sarah Chilton (Partner, CM Murray LLP, London UK), Beth Hale (Partner, CM Murray LLP, London, UK), Chris Stief (Regional Managing Partner in Philadelphia & Pittsburgh, Fisher Phillips LLP, USA), Gavin Mansfield QC (Littleton Chambers, London, UK) and Joydeep Hor (Founder & Managing Principal, People + Culture Strategies, Sydney, Australia) discuss, from an international perspective, how the current climate and global affairs impact restrictive covenants. In particular, the panel address: - What protection do employers have if your business has diminished or your focus has changed; - The impact of increased global (virtual) mobility on restrictive covenants; - The impact on remote working on policing, enforcing and drafting restrictions; - How the current pandemic and the use of technology may impact the evidence trail; - Issues with enforcement across borders including the potential impact of Brexit; and - How the changing workplace culture may impact employee behaviour and competition.

The Impact of Global Disruption, and Protection of Confidential Information around the World

We are pleased to share with you the recording of our recent Professional Practices Alliance (PPA) live panel discussion on “Partner Contribution - The Ramifications of External Investment on Traditional Partner Reward Structures". The partnership model is proven to be effective in generating cash and reward for partners of professional practices but is the partnership model attractive for external investors and how will partner reward structures be impacted by external investment? In this session, our PPA experts and guest speaker discuss: • The benefits of the partnership model • How partnerships can facilitate fair reward structures • The different types of business models we see now • Identifying the right time to go down the external investment route • The pros and cons of employee ownership • Other forms of external ownership and how investors measure their rate of return John Aldred (Barclays) joins the PPA panel to provide the bank’s view when it comes to attracting finance from external investors. PPA Speakers: Matthew Katz, Buzzacott LLP - Partner and Head of Corporate Finance David Shufflebotham, PEP Up Consulting - Partner Remuneration specialist Robert Millard, Cambridge Strategy - Law Firm Management Consultant Zulon Begum, CM Murray LLP - Partnership Law & M&A specialist Guest Speaker: John Aldred, Barclays - Industry Director of Business and Professional Services Chair: Claire Watkins, Buzzacott LLP - Head of Professional Practices Group

Partner Contribution - The Ramifications of External Investment on Partner Reward Structures

In this discussion, you can hear Session Chair, Zulon Begum, CM Murray LLP, and speakers Claire Watkins, Buzzacott LLP, David Shufflebotham, PEPUp.consulting, Robert Millard, Cambridge Strategy Group, Sarah Chilton, CM Murray LLP and Corinne Staves, Maurice Turnor Gardner LLP, discuss a range of metrics and strategic issues that professional services firms should carefully consider when evaluating partner reward. Our PPA experts discuss the following: 1. What areas are firms currently weak at measuring in respect of evaluating partner reward? 2. What areas should firms focus on measuring and how can they do that from a practical perspective? What types of data should firms be looking for in respect of various metrics? 3. How can firms ensure that metrics and data are aligned with their overall strategy, particularly given that many firms will need to reassess their business plan over the next few months/years, given the current climate? 4. What are the key issues associated with sole reliance upon financial metrics to measure partners’ performance? 5. How can firms ensure that metrics they apply reflect their diversity and inclusion focuses and values? Might some metrics be inherently discriminatory? 6. How should firms evaluate partners against metrics and what are the main strategic issues when undertaking such evaluations? What are the potential pitfalls? For more information on the topics covered in this recording, please contact Partners Zulon Begum or Sarah Chilton, both of whom specialise in Partnership law.

Partner Reward – Metrics, Measurements and the Link with Profit-Sharing

We are delighted to release the first podcast in our two-part series on Managing and Responding to Partner Exits. In this podcast, Wendy Chung and Wonu Sanda highlight the important steps that Firms need to take to manage the common issues that Firms face when proposing or dealing with a partner exit. All Firms will need to deal with partner exits at one stage or another, be it as a result of the current pandemic, uncovered partner misconduct, strategic mergers, a partner moving to the competition or a standard retirement. Knowing what steps to take (and not to take) to manage the inevitable is vital. In the first of this two-part podcast we address the key issues and risks encountered by Firms when seeking to exit Partners, including: 1. What events commonly lead to partner exits and what impact has the current economic situation had on Firms considering partner exits? 2. What range of options are available to a Firm seeking to exit a partner? What are the advantages and limitations of these options? 3. Do Firms need to follow a process to exit a partner? What are the stages typically involved? 4. What are the key legal, operational and practical issues that routinely need to be addressed to secure an orderly partner exit? 5. What potential claims risks need to be managed during a partner exit? Stay tuned for Part Two on Managing and Responding to Partner Exits. If you would like to discuss any of the issues raised in this podcast recording further, or for guidance relating to a current or proposed partner exit, please contact enior Associate Wendy Chung or Associate and Solicitor-Advocate Wonu Sanda.

Managing and Responding to Partner Exits - Part One: the Firm’s Perspective

We are delighted to bring you the recording of this expert discussion on Mergers in the Time of Coronavirus and Beyond. The Chair and the Managing Partner of the recently merged law firm Moore Barlow LLP joined our panel of legal and management experts to share their commercial, legal and practical advice for professional services firms seeking a merger, including: 1. Preparatory steps to ensure a successful merger 2. The importance of culture and focussing on the joint vision for the merged firm 3. How to secure partner buy-in and engage staff 4. Measures to deal with and protect firms against dissenting partners 5. Overcoming and avoiding potential deal breakers Chair: Zulon Begum (CM Murray LLP) Speakers: Sarah Chilton (CM Murray LLP), Robert Millard (Cambridge Strategy Group Limited), Helen Goatley and Edward Whittington (Moore Barlow LLP) and Pia Sanchez (CM Murray LLP)

Mergers In The Time Of Coronavirus & Beyond - Expert Discussion

We are delighted to bring you this recording of a discussion between members of our Employment Law team on Managing Employee Risks and Supporting Colleagues’ Families in the Age of Covid. Many businesses will be thinking about how they may best protect and support the diverse health and wellbeing needs of their staff, including BAME workers, during the coronavirus pandemic. This will inevitably necessitate a tailored consideration of the various legal risks, individual risk profiles of staff, and financial and practical constraints within each employer. Against this background, in this short podcast we address some of the pressing considerations with which employers should be engaging, including: 1. How should employers properly assess the risks posed by Covid to their workforces, taking into account the individual risk factors of each employee, including the heightened risk for black and ethnic minority workers? 2. What risks do employers face in respect of claims brought by employees who contract Covid? 3. What can employers offer bereaved families where employees have died after contracting Covid, financially and otherwise? Speakers: Sarah Chilton – Partner (Employment Law specialist) Wonu Sanda – Associate and Solicitor Advocate (Employment Law specialist) George Pizzey – Trainee Solicitor If you would like to discuss any of the issues raised in this podcast recording further, or for guidance on your specific rights, responsibilities and potential liabilities, please contact our Partner Sarah Chilton or our Associate Wonu Sanda, both of whom specialise in employment law issues for multi-national employers, senior executives, firms and partners.

Managing Employee Risks and Supporting Colleagues’ Families in the Age of Covid

In this podcast Merrill April (Partner, CM Murray LLP) and Louise O’Connor (Associate, CM Murray LLP) are joined by Matt Nixon (Partner, Stork & May) for a discussion of the key areas which need to be considered by senior executives when their company is proposing or implementing a restructure: • Potential positive as well as negative impacts of company restructures. Is there any difference in those impacts as a result of the restructure being driven by or taking place during a pandemic?   • What can senior management do to ensure that staff communications continue to be productive and as efficient as possible for the business and employees when traditional modes of communication are curtailed during lockdown?   • What preparatory steps can senior executives take when they suspect a restructure may be on the horizon?   • What should senior executives bear in mind with the approach of the end of the furlough period? What can they do to get things in order ahead of any possible announcement regarding a company restructure?

What are the Key Issues for Senior Executives to Consider During a Proposed Company Restructure?

CM Murray LLP, in association with Littleton Chambers and Fisher Phillips LLP, invite you to listen to a 50-minute podcast recording on “Trade Secret Protection in the “New Normal”: Is your Information Secure from WFH and RTW Mishaps and Misappropriation?” In this podcast recording, Merrill April (Partner, CM Murray LLP, London, UK),  Chris Stief, (Regional Managing Partner in Philadelphia & Pittsburgh, Fisher Phillips LLP, USA), Mike Avila (Partner, Fisher Phillips LLP, Philadelphia & Washington D.C. Metro, USA) and Jonathan Cohen QC (Littleton Chambers, London, UK), discuss the key issues from both a US and UK perspective relating to the enforcement of restrictive covenants and how such covenants are impacted by global working from home and furlough. In particular, the panel address:   1. How the new global work from home reality is a complicating factor in trade secrets agreements; 2. Key practical steps and considerations for employers on how to manage and protect their confidential information and trade secrets; 3. Best practices to monitor trade secrets; 4. The impact of furlough in both the US and UK on the duration of the restrictive covenants; and 5. How to prosecute a misappropriation case in this new environment.

Trade Secret Protection in the “New Normal”: Is your Information Secure from WFH and RTW Mishaps?

We are delighted to share with you this podcast of highlights from the session Global Mobility Issues for Senior Executives and their Families from the IFSEA 2020 Conference. In this short podcast, moderator Allen Powley (GlaxoSmithKline plc, UK) and panellists Sophie Barrett-Brown (Laura Devine Immigration, UK), Juliet Carp (Keystone Law, UK), Atul Gupta (Trilegal, India) and Chris Horton (Deloitte LLP, UK) discuss a range of issues relating to executive global mobility, including: 1. the challenges that cultural differences bring and the importance of cultural familiarity; 2. the important of having a centralised adviser who takes ownership for the senior executive of all the different strands of an assignment including tax and immigration; and 3. the many different parts to a successful assignment (including making sure the family is happy!) Become a member of the International Forum of Senior Executive Advisers (IFSEA) by visiting: www.cm-murray.com/ifsea.

Global Mobility Issues for Senior Executives and their Families

In this Live Expert Discussion, a panel of market-leading partnership and employment lawyers, a law firm management consultant and a private equity recruitment specialist discuss everything you need to know about the legal and commercial risks, protections and strategies, and commercial realities of partner team moves in the Professional Services and Private Equity sectors. In the recording of this discussion, chaired by Sarah Chilton (CM Murray LLP), you can hear expert panellists Jonathan Cohen QC (Littleton Chambers), Rob Millard (Cambridge Strategy Group), David Fisher (CM Murray LLP), Gail McManus (PER Recruitment) and Wonu Sanda (CM Murray LLP) discuss the key legal issues and wider commercial realities of partner team moves, including: • The key express and implied obligations that normally apply to partners/LLP members and are likely to pose a significant issue when contemplating a team move, including duties of good faith and to give a true and fair account, and post-termination restrictions; • What are the risks of breaching any express or implied obligations in the context of a team move? What remedies would be available to the exiting firm, in the event of breach? Would the situation be exacerbated if partners attempt to bring associates or other junior employees along with them in a team move? • What are the commercial and practical realities of embarking on a team move? What are the types of steps that should be taken by partners and the firms they are looking to join, and at what stage, in order to minimise their legal and financial risks? What considerations should be taken into account when thinking about a potential settlement strategy? Should all parties obtain separate legal representation? • What steps can be taken by firms to protect themselves against team moves, or at least to mitigate against the risk? What are the types of provisions that can and should be inserted into membership/LLP agreements in order to minimise any potential damage suffered by firms in the event of a team move attempt? • Assuming the move is a success, how can acquiring firms successfully integrate the new team into their business? What level of collaboration is needed between the new team and the existing workforce for the team move to be truly effective? If you would like to discuss any of the issues raised in this recording further, or for guidance in relation to the legal obligations, risks, remedies and other practical issues associated with a potential or threatened team move, please contact Partners Sarah Chilton and David Fisher or Associate Wonu Sanda, all of whom specialise in partnership and employment law issues for firms, partners, multi-national employers and senior executives.

Partner Team Moves in the Professional Services and Private Equity Worlds

We are delighted to bring you this recording of an expert discussion on Measuring Partner Contribution between leading specialists in Partnership & Employment Law, Partnership Compensation, and Law Firm Management. Chaired by Corinne Staves (Maurice Turnor Gardner LLP), with panellists Claire Watkins (Buzzacott LLP), David Shufflebotham (PEP-Up Consulting), Robert Millard (Cambridge Strategy Group), Sarah Chilton (CM Murray LLP), and Zulon Begum (CM Murray LLP). The question of how professional services firms should measure partner contribution is a complex one, and is made no less complex by the unprecedented times in which we live. However, these times also present an opportunity for firms to rethink and refocus the way they measure partner contribution for the better in the future. The key themes you can hear addressed by the panel: 1. The importance of defining and effectively measuring partner contribution. 2. Dealing with the age-old problem of how best to measure cross-referrals within firms. 3. How firms can align partner contribution with the business’s strategy and success? 4. Being aware of common discrimination risks in the way firms typically measure partner contribution and effective steps to avoid those risks as far as possible. 5. Using professional services constitutional frameworks to embed KPIs and encourage the right contributions from partners. 6. Is it one size fits all when it comes to partner contribution or is the situation different for smaller firms? If so, how should they adapt? 7. In what ways might the COVID-19 crisis change how partner contribution is measured? If you would like to discuss any partner contribution or other partnership and employment law issues for firms or partners, please contact our Partnership Group Co-Heads Sarah Chilton and Zulon Begum, or any of the panellists.

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UK employment law information and advice

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