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Our team provides a comprehensive service by
drawing upon lawyers with a range of specialisms including:
Corporate
We have acted on all aspects of corporate transactions in
this sector, including high profile domestic and cross-border
take-overs, mergers, acquisitions and disposals, as well as
listings, debt and equity offerings, joint ventures, subscriptions
and start-ups.
Regulatory
Members of our Competition and Regulatory Group are well-versed
in advising on the regulations governing recruitment, including
the Employment Agencies Act 1973 and the Conduct of Employment
Agencies and Employment Businesses Regulations 2003.
Human Resources
Our team have considerable experience in this sector having advised
on a wide spectrum of topical issues including the employment
status of agency workers (including acting on the Court of
Appeal case of Muscat v Cable & Wireless); the legality
of "rolled-up" holiday pay; interpreting the statutory
regime affecting the staffing sector and on the enforcement
powers of and dealing with the Employment Agency Standards
Inspectorate. We also have in-depth knowledge of transactional
employment law issues arising on the sale and purchase of
staffing companies. We regularly advise on restraint of trade
and confidentiality issues and are often instructed to act
in related High Court litigation.
Tax
The tax legislation contains complex and detailed provisions
of relevance to the staffing sector (e.g. the new MSC rules,
the applications of IR35 and VAT). Our tax team advises in
all of these areas as well as employee incentives.
Internet
As so much recruitment business is on line, our team of Internet
lawyers is well placed to advise on the issues surrounding
e-commerce, on line trading, privacy policies and the enforceability
of on line terms and conditions.
Data Protection
Personal data issues are of particular concern to the sector.
Our advice includes the transfer of personal data, data retention,
email marketing and the handling of sensitive personal data.
Freedom of Information
Recruitment in and for the public sector often raises freedom
of information issues, particularly the complex interrelation
between the Freedom of Information Act 2000 and the Data Protection
Act 1998. Members of our team are specialists in these matters.
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