The UK’s withdrawal from the EU on 31 January fundamentally affects not only the UK’s relationship with the EU, but also has wide-ranging implications for business and individuals.
However, a transition period is in place until 31 December 2020, during which the UK is no longer a member of the EU but will remain subject to EU rules and will continue to be a member of the single market and customs union. It is possible for this period to be extended, but the UK Government has said that it will not do so.
That means there is just a short period of time remaining for businesses and individuals to prepare for the full impact of Brexit.
Our specialist solicitors can provide expert advice on the full range of legal considerations affecting businesses and individuals in preparing for Brexit.
Brexit has the clear potential to see major changes to some of the key tenets of the UK’s employment law. Our specialist solicitors can advise on these changes as and when they take place, helping to ensure that you always remain compliant with legal requirements and mitigating the chances of a costly dispute.
You may also be concerned about the immigration status of key employees beyond 31 December 2020. Our solicitors can provide comprehensive advice on securing settled status in the UK so that they can continue to live and work here.
If you are an EU citizen, you employ EU citizens or you may wish to employ EU citizens from 2021 onwards, our specialist immigration solicitors can help.
Contact us today to find out how we can help secure your future in the UK, as well as that of your employees.
If your business is based in the EU, there may be advantages in establishing a UK Company or Subsidiary from which to trade in the UK.
Our expert team has a strong track record of helping businesses and entrepreneurs establish Companies and Subsidiaries in the UK and can guide you through each step of the process.
One of the impacts of Brexit that has been less widely recognised is the potential need to amend contractual documentation to take account of the fact that the UK is no longer a member of the EU.
Certain contracts may be based on the assumption that the UK remains a member of the EU for the duration of the contract term.
Our team regularly assist you in all aspects of contract negotiation and drafting.
If you are an EU citizen, you will continue to be free to buy and own residential and commercial property in the UK following Brexit.
However, there are some potential challenges that could arise from tax and finance considerations and our experienced solicitors are ready to help you mitigate these.
In circumstances where family matters have cross-border aspects, including where you or another party is an EU citizen, the UK’s departure from the EU may make them more difficult to resolve, primarily as a consequence of disputes over the jurisdiction in which a case should be heard.
Our team of family law specialists are experienced in assisting with family matters where considerations around the jurisdiction in which a matter should be heard arise and can advise on aspects of family law following the end of the Brexit transition period.
If you have assets in more than one country, you should seek advice from a solicitor with experience of drafting cross-bored Wills to ensure that your Will takes account properly of the complex rules at play.
Our team has considerable experience in preparing cross-border Wills and can advise on matters at any stage.
Importantly, if Brexit leads to a significant change in your circumstances or those of your business, it is especially important to revisit your cross-border Will to ensure it is up to date.
Meet the team
Andrew Firman is a partner in our corporate & commercial team. His employment practice covers both contentious and non-contentious work for both employers and employees. His corporate and banking practice concentrates on contractual and advice work given mainly to SMEs and charities. Additionally, he advises both individuals and businesses on a range of immigration matters.
In his work, Andrew looks for proactive and pragmatic solutions derived from a proper understanding of the client’s perspective and against the background of the commercial constraints.
Career highlights include
- running a David v Goliath style battle for a former employee of a US based bank related to the late vesting of share options following that employee’s termination at a time when the US markets were in freefall
- negotiating, finalising and drawing down for an off-shore SPV borrower at £310M facility to buy a group of companies which owned, as an investment, the London HQ of a multinational corporation
More recently, Andrew has advised upon
- the sale of a leading clinician–led healthcare consulting and IT services group to a global technology and services company specialising in the healthcare field
- the restructuring and relocation of a nutritional supplements business within the UK
- settlement of a long running shareholders dispute concerning a company running a niche members’ gym in a close knit area of London
- finalisation of the UK legal aspects to a cross border merger with an Italian company
- the negotiation of departure terms for the CEO of a leading interdealer broker
Andrew has over the years enjoyed advising many owner-managed SMEs on the range of their needs for commercial, employment and dispute related legal advice. He is delighted that the firm has recently received recognition through the award by Acquisitions International of “UK Most Trusted Law Firm of the Year to SMEs 2013” because it goes to the depth of the relationships the firm has with its clients and its target market in terms of size of business clients.
Andrew was educated at Nailsea School and holds degrees in law from Manchester and Leicester Universities. He qualified as a solicitor in 1995. He is a co-author of a Practical Guide to Drone Law.
Away from the office Andrew, married to a local GP and of occasional use to his three teenage children, runs and is heavily involved in his local church.
Katarzyna (Kate) Boguslawska is a Partner in our corporate and commercial department.
Kate’s clients range from start-up owners through to SMEs and some global main-players who need advice on business-related matters. These range from advice on employment and company matters to contract drafting and disputes. Kate understands her clients, their needs and goals. Her clients often praise her pragmatic approach and tailored practical advice.
In her employment practice Kate:
- drafts contracts, handbooks and company policies
- provides regular Employment/HR Advice
- negotiates contracts
- drafts and negotiate settlement agreements
- helps to navigate through TUPE, restructure and redundancies
- advises and represents in claims for unfair dismissal, discrimination, breach of contract, unlawful deduction from wages, etc
- advises on injunctive relief and restrictive covenants
Notable employment work included:
- advising a well-known English designer in company restructure and redundancies;
- advising employers and high net worth individuals on settlement agreements and severance packages;
- regular HR advice to a number of company clients;
- advising media company on contracts and issues relating to confidentiality, IP and restrictive covenants;
- representing high earning claimants in ‘Stress at Work’ personal injury matters.
In her commercial and company practice Kate:
- advises on suitable business entities and company formation;
- advises on company and directors’ duties;
- drafts necessary company documents including amended articles and resolutions;
- drafts and negotiates contracts and shareholders’ agreements;
- advises on shareholders disputes.
Notable commercial work included:
- advising and representing foreign companies establishing business in the UK;
- advising companies on matters involving directors’ duties and shareholders’ disputes;
- advising a Polish PLC on contract matters and negotiating on its behalf with an English PLC;
- representing an international cosmetics company in injunctive relief and restraint of trade matters;
- representing hauliers in representations against Border Force and HMRC in excise duty matters;
- advising EU nationals on immigration issues, residency and citizenship applications in the UK.
Kate has strong links in the Polish community and is recommended by the Polish Embassy in London, having co-written a Guide for Polish Investors in the UK that was published by the Embassy. She has a broad network of international connections and has been instructed by law firms in Poland to assist their clients in matters involving English jurisdiction.
Listen to Kate’s podcast