Advising Effectively on the Employment Aspects in a Corporate Transaction - A Practical Guide for Junior Lawyers

Book excerpt: The practice of employment law in a private company acquisition cannot be conducted in a vacuum - it requires not only an understanding of employment law but also particular elements of company law. Jackie and Kate have both been delivering training in relation to the corporate and employment issues in private company acquisitions for many years. They noted that there was no text available analysing the key issues specifically aimed at addressing the needs of the employment team - appreciating that to advise effectively on the employment aspects of the transaction, an understanding of both the corporate and employment aspects was vital. Jackie has spent a number of years working with both undergraduates studying company law, corporate trainees and junior corporate assistants and has aimed to cover the historic questions asked by those new to corporate transactions together with clarifying areas of common confusion in a clear, straightforward manner. Kate qualified as a solicitor and now trains lawyers, HR professionals and managers, as well as advising a diverse set of employers from small and medium sized enterprises to charities, PLCs and international companies. The text includes practical tips and points to note throughout, making it extremely useful to a new practitioner to the area. ABOUT THE AUTHORS Jackie Sheldon - Jackie was a corporate solicitor specialising in mergers and acquisitions. Jackie worked and trained at global law firm, Taylor Wessing, qualifying into their Projects department, working on large corporate transactions. She moved to the Northwest and continued to specialise in corporate transactions, working at Pannones followed by international law firm, Square, Sanders and Dempsey (then Hammonds). Jackie is qualified to teach up to Masters level (receiving a Post Graduate Certificate in Professional Education), is a Fellow of the Higher Education Academy and has now been writing and delivering commercially relevant company law and related topics to both undergraduate and post graduates (including CPD and PSC) since 2006. She is also honoured to use her corporate legal knowledge in her position as a trustee/director, company secretary and vice chair for Mummy's Star - a unique charity in UK and Ireland. Kate Shepherd - Prior to establishing her consultancy Kate Shepherd Associates in 2005, Kate qualified as a solicitor, and practised employment law at a senior level with a leading firm in the Midlands. Kate holds CIPD qualifications, a Post Graduate Diploma in Law and now runs a consultancy specialising in interactive online training delivery. Her team regularly design and deliver workshops to lawyers at both undergraduate and postgraduate level. Kate is also a published author and visiting lecturer for a number of Universities and Business Schools. CONTENTS Chapter 1 - Introduction Chapter 2 - Fundamentals of Employment Law Chapter 3 - Understanding the Corporate Aspects of a Transaction Chapter 4 - Pre-Contractual Documentation Chapter 5 - Due Diligence Chapter 6 - The Employment Issues in Mergers and Acquisitions Chapter 7 - Using Settlement Agreements Chapter 8 - Sale and Purchase Agreement Chapter 9 - The Risk Apportionment Game Chapter 10 - Finishing the Deal Chapter 11 - Employment Considerations Post-Completion Glossary of Terms