Category Archives: Case studies

Investigations: a case study

investigations
The Challenge One of our large manufacturing clients was experiencing a number of disciplinary hearings failing to proceed as one would expect.  HR believed this was due to the poor quality of the investigations being conducted by managers and this was confirmed by Menzies Law when we examined the investigation process and practice.  As a…
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An unconscionable fee: a case study

This case illustrates some of the work we regularly do for usually small employers who find themselves in a difficult position regarding a recruitment agency’s fees. It is a situation which is more common than you might think, and we have had three similar situations with other clients on the same point recently. The challenge…
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Effective cause: a case study

This case study touches on a key theme of agency law and fees – whether the agency can prove that its work was the ‘effective cause’ of the client’s hire of the candidate.  It’s an issue that we regularly help our clients with, both agencies and clients of agencies. The challenge Under well-established agency law,…
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Back-door hire: a case study

This case study illustrates a situation that we are asked to help with often, namely a ‘back-door hire’ where a recruitment agency has introduced a candidate to a client; the client has not hired the candidate at that time; but a short time later the client hires the candidate directly, usually without telling the agency.…
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Restrictive Covenants – protecting your business: a case study

data protection
This case study illustrates how, despite their reputation for being unenforceable, it is valuable for businesses to have restrictive covenants and to take steps to enforce them. The challenge In this particular situation, we advised a large IT business who sought advice following the resignation of one of their senior account directors. He had openly…
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Restrictive Covenants: a case study

This case illustrates a typical situation where we are called on to assist clients with departing employees who pose a competitive threat The challenge Our client, a market-leader in the food & drink sector, sends its products by mail to customers who place online or telephone orders. Their telephone sales team are key, with good…
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Contracts and policies – cornerstone of the employment relationship: a case study

This case study illustrates how even small businesses can benefit from having contracts of employment and supporting policies that are specifically drafted with their business in mind.  The challenge In this particular case, we advised a small, but rapidly growing, local business who came to us initially because one of their key employees had recently…
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Union recognition: a case study

trade union case study
Trade union recognition, once so widespread and unquestioned in Britain, was dealt a tough blow during the 1980s.  The New Labour government of the late 1990s reversed some of the obstacles to union recognition by placing it on a new statutory footing, with the aim of carefully balancing the interests of employees and employers.  Recognition…
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Pay structure review: a case study

pay structure
Ensuring that your pay structures are fair and equitable is an ongoing and ever present challenge.  This case study illustrates a typical example of where a client knows fundamentally what is wrong with their current pay structure, but needs some guidance and support on how to address the issues. The challenge The company had a…
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Organised groupings, assignment and TUPE issues: a case study

security guard
This case study illustrates some of the more complex issues that arise under TUPE. Many TUPE transfers are straightforward – but when a problem arises our specialist team of employment lawyers is there to help every step of the way. In this particular situation, we advised a facilities management business who had won a major…
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