Mandy Perry

Of Counsel
Employment Law
Read full biography at www.orrick.com

Mandy Perry, of counsel in the London office, is a valued member of the Employment Group and the London Employment Team with more than 15 years experience. Mandy has worked closely with Nicola Whiteley for more than 15 years. In 2013, Legal 500 recommended Mandy and awarded "the exceptional department" a Tier 8 ranking. The London Employment team was also listed in the 2013 edition of The International Who's Who of Management Labour and Employment Lawyers

Mandy specialises in all aspects of employment law, both contentious and non-contentious, including "surgery-style" counselling, tribunal, employment appeal tribunal and High Court cases and the employment aspects of corporate and real estate transactions, including:

  • Drafting and advising on employment, secondment, settlement and consultancy documentation, policies and procedures, and staff handbooks.
  • Drafting, advising on, and enforcing confidentiality obligations and other restrictive covenants, including cross-border jurisdiction issues.
  • Advising on the prevention of and defending wrongful and unfair dismissal and breach of contract claims, bonus, bonus disputes and share options.
  • Advising on the application and implications of TUPE (The Transfer of Undertakings Protection of Employment) Regulations 2006 in relation to the acquisition or disposal of a business, part of a business, transfer of a lease, contract tenders and outsourcing exercises, including harmonisation of terms and conditions, relocation, redundancies and unfair dismissal claims arising from the TUPE transfer. 
  • Advising on and executing executive and general recruitment, remuneration and termination.
  • Advising on whistle-blowing procedures and defending claims.
  • Advising on the prevention of and defending claims under discrimination and equal pay legislation and advising on maternity and other parental and family friendly rights.
  • Advising on European and National works councils and other consultation issues.
  • Advising on, coordinating and defending claims arising from local and transnational restructuring exercises and redundancies (collective and individual), plant closures and relocations.
  • Advising on data privacy and protection requirements and issues.
  • Advising on trade secrets and restrictive covenant protection and team moves.
  • Advising on disciplinary and grievance procedures and performance or absence management.
  • Obtaining fast injunctive relief in relation to non-compete and confidentiality provisions.
  • Advising on and preparing complex Employment Tribunal and High Court claims including whistle-blowing, race, sex, age, disability and sexual orientation discrimination, unfair and constructive dismissal, breach of contract, bonus and breach of fiduciary duty claims.

Mandy regularly publishes newsletters, presents seminars and provides tailored training sessions on a range of employment-related topics, a few of which include TUPE, contracts, unfair dismissal, working time, enforcement of cross-border restrictive covenants and trade secrets, financial services remuneration practices, employment status, team moves, mock tribunals, redundancy practice and procedure, work councils and other consultation issues, discrimination and data protection.

Mandy Perry

Trials and Tribulations in UK Employment Tribunals

In July last year, fees were introduced for employees to bring claims and the Ministry of Justice has just published Tribunal statistics for October to December 2013 (the first full quarter since the introduction of the fees) which show that in that time, employment tribunals received 79% fewer claims than the same quarter in 2012 and 75% fewer than in the previous quarter. Read More

Is it now OK to have the ‘It’s not working…’ conversation in the UK?

July 29, 2013 was a big day for employment law in the UK.

Firstly compromise agreements were renamed ‘settlement agreements’. This is largely a rebranding exercise but one that is welcome as we now have a title which more accurately describes what the agreement is designed to achieve.

On this same date, changes around ‘pre-termination discussions’ came into effect. These changes are contained in the Enterprise and Regulatory Reform Act and talk about ‘confidentiality of negotiations before termination of employment’. The theory behind this new law is that employers should be able to discuss with their employees the option of the employee leaving with a settlement agreement without the risk that that discussion itself will be used against them in a future claim. Read More

Today is the Day – UK Employment Law Update

TODAY is a big day for employment law. Even though many of you will be thinking about your holidays, or may have even jetted off to sunny shores, take care to remember that certain changes are taking place which will affect your standard document and how you handle any exiting employees. Read more.

Five Grievances Don’t Make A (Dismissal) Right

A recent case in the UK Employment Appeals Tribunal Woodhouse v. West North West Homes Leeds Limited UK EAT/0007(12) has looked at whether it is possible to fairly dismiss an employee who has raised repeated grievances, on the basis that the relationship with the employer has irretrievably broken down. Read More

Employee Shareholder Status – An Innovative Solution for Innovative Employers?

After twice rejecting the Government’s proposals, the House of Lords has just finally voted to accept the much argued Clause 27 of the Growth and Infrastructure Bill, thereby paving the way for new legislation that will create a third type of UK employment status—Employee Shareholder. Read More

The Lesser Known Perils of Shark-Wrestling

The British man who was filmed wrestling a shark, which threatened nearby children in the sea, whilst he was on holiday in Australia – the footage of which went global – has been sacked by his employer this week. It has been revealed that Mr. Marshallea and his wife (who has also been sacked) were on sick leave from the charity that employed them at the time of Mr. Marshallea’s heroic efforts and his employer took the view that this was a breach of trust too far.

Mr. Marshallea’s version of events is that he was off work with stress (as was his wife) and his GP had advised them that a holiday would do them good. His employer, in the dismissal letter, allegedly stated that, ‘Whilst unfit to work, you were well enough to travel to Australia and, according to recent news footage of yourself in Queensland, you allegedly grabbed a shark by the tail and narrowly missed being bitten by quickly jumping out of the way; the photographs and footage appearing in newspapers and television broadcasts.” Read More

Employers Beware: Post-termination Whistleblowing

In the recent case of Onyango v. Berkeley Solicitors, the UK Employment Appeal Tribunal ruled that an employee was allowed to bring a ‘whistleblowing’ claim relating to a protected disclosure that was made after the termination of his employment.

Under UK law, workers are protected from receiving detrimental treatment as a result of raising a concern about certain types of wrongdoing occurring in the workplace. In Onyango, the Claimant (Mr. Onyango) brought a claim in the Employment Tribunal alleging that as a result of making a protected disclosure, he was accused of forgery and dishonesty which ultimately led to him being investigated by the regulatory body for solicitors in the UK, the Solicitors Regulatory Authority. The Employment Tribunal held that it did not have jurisdiction to hear Mr. Onyango’s claim because he had made the protected disclosure after the termination of his employment and that it could only hear the case where such disclosure was made during the course of his employment. Mr Onyango appealed to the Employment Appeal Tribunal. Read More

Ending It All

In the recent case of Geys v. Société Générale, Mr. Geys, who was employed as managing director was given a letter in November 2007 by Société Générale stating: “I am writing to notify you that Société Générale, London has decided to terminate your employment with immediate effect”. Mr. Geys was then escorted from the building and never returned to it. Despite this, the Supreme Court has ruled that his contract of employment was not terminated. Read More

UK Government Encourages Employees to Relinquish Rights for Shares

The UK Chancellor announced at the Conservative Party conference this week an outline plan to enable a new category of “employee owners” to receive shares in exchange for zero capital gains tax and a significant reduction in employment rights (the press release is here). Whether this will be a sufficiently attractive carrot to justify diversion from the well-trodden path for emerging companies of granting simple and highly flexible Enterprise Management Incentive (“EMI”) options and/or to entice employees away from their statutory employment protections remains to be seen, as does much of the fine detail of the proposal. Read More