Hannah Swindle
Hannah has broad experience in helping private and public sector clients effectively manage employee risk. She advises on the full range of employment work, working with clients.to resolve employment law issues quickly and efficiently. Hannah has a particular emphasis on employment matters arising from TUPE, insolvency and restructuring. She regularly advises public and private sector clients in planning for and managing TUPE transfers in the context of first and second generation outsourcing, business sales and restructuring. She provides pragmatic advice on all aspects of the process including procurement, negotiation of appropriate contractual protections, provision of employee information, consultation with unionised and non-unionised workforces and post-transfer integration and change processes. Hannah provides clients with sensible and effective support and solutions for their day-to-day employee problems, focussing on achieving the best outcome for the client, in line with their priorities and aims. She has extensive experience in negotiating and drafting employment contracts and settlement agreements, advising on individual and collective redundancy processes, defending tribunal claims advice on enforcement of post termination restrictions and keeping clients updated on the latest employment developments through bespoke training.
Practice Area
Panel
- Contributing Author
Qualified Year
- 2006
Membership
- Employment Lawyers Association
Qualifications
- MA (Economics and Philosophy) (2000)
- PgDL (2002)
- LPC (2003)
Education
- University of Leeds (1997-2000)
- Nottingham Law School (2000-2003)
5 Contributions by Hannah Swindle
PRACTICE NOTES
Business reorganisations: employment law guide—redundancy, SOSR, collective consultation and HR1, TUPE (including pre‑transfer), changing terms, and dismissal and re‑engagement
A range of employment law questions emerges when a business plans a reorganisation. These matters are both legal and practical, and this Practice Note explores each, alongside guidance on managing how they interact. It assumes the enterprise remains at the same location but operates under a different structure, rather than closing or moving, where redundancy would be the main focus (for which, see Practice Note: Definition of redundancy). In practice, employers may at times take calculated gambles by shortcutting applicable legal procedures, perhaps to save time or through a measure of reverse‑engineering to deliver a preferred outcome. However, this Practice Note proceeds on the basis that the organisation intends to follow a legally compliant course, while also setting out the legal and employee relations risks of taking an alternative route.
Initial considerations
The reorganisation initiative should, from the outset, be treated as one that could be challenged in law. This means that, until a final decision has been made on the new structure (following appropriate consultation—see Whether collective consultation obligations are triggered below), all documents produced for the purposes of planning the re‑structure...
Employment
PRACTICE NOTES
TUPE and insolvency: categorising proceedings, impact on transfers and dismissals, pre-packs, National Insurance Fund liabilities, and permitted variations
Practice Note
This Practice Note explores the moderated operation of the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246 (TUPE 2006) when insolvency arises. Significant elements of TUPE 2006 fulfilled the UK’s EU duty to give effect to Directive 2001/23/EC, the Acquired Rights Directive (ARD). Up to 1 January 2024, the pertinent provisions were classed as retained EU-derived domestic law under the European Union (Withdrawal) Act 2018 (EU(W)A 2018). From 1 January 2024, the Retained EU Law (Revocation and Reform) Act 2023 reclassifies such EU-derived domestic legislation as ‘assimilated’ law, reflecting the removal, in general terms, of EU interpretive effects (for example, EU law supremacy, directly effective rights, and the general principles formerly preserved by the EU(W)A 2018). For additional detail, see Practice Note: Assimilated law. This Practice Note also cites decisions of the Court of Justice of the European Union (CJEU). For advice on the extent to which CJEU judgments bind UK courts, consult Practice Note: Assimilated law—Assimilated case law...
Employment
PRACTICE NOTES
Varying Terms after a TUPE Transfer: Validity, ETO Reasons, Collective Agreements, Harmonisation and the Statutory Dismissal-and-re-engagement Code
This Practice Note explains how the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246, influence an employer’s scope to amend contractual terms and conditions of employment.
TUPE—the pre-January 2014 position [Archived]—Variation of contract terms
For details of the position in cases where:
the relevant transfer under TUPE 2006 occurred before 31 January 2014; or
the purported variation was agreed before 31 January 2014 (or, if not agreed, it began to take effect prior to that date)
This Practice Note includes references to case law of the Court of Justice of the European Union (CJEU). For guidance on whether CJEU judgments are binding on UK courts, see Practice Note: Assimilated law—Assimilated case law. EU-derived legislation—such as much of TUPE 2006—enacted to fulfil UK obligations under EU law (for example, implementing Directive 2001/23/EC, the Acquired Rights Directive (ARD)) forms part of assimilated law. For further information, see Practice Note: Assimilated law...
Employment
PRECEDENTS
Deed for TUPE Pre-Transfer Collective Redundancy Consultation under TULR(C)A (England and Wales)
This Deed of Agreement is dated [ insert date ]
Parties
[ FULL NAME OF COMPANY ], a company registered in England and Wales with registered number [ insert company number ] whose registered office is at [ insert address ] ( Transferee )
[ FULL NAME OF COMPANY ], a company registered in England and Wales with registered number [ insert company number ] whose registered office is at [ insert address ] ( Transferor )
Background (A)
Further to the transaction to be implemented by [ insert reference to appropriate transaction document or description of transaction ], the parties acknowledge that there will be a transfer of [ insert description of business or services transferring ] from the Transferor to the Transferee, which this Agreement terms the Proposed Transfer, and they have entered into this Deed of Agreement ( Agreement )...
Employment
CHECKLISTS
Employment law checklist for business reorganisations: redundancy, SOSR, collective consultation, contract changes and TUPE
This checklist reviews the employment law considerations that arise when carrying out a business reorganisation. It addresses initial planning points, whether a redundancy situation exists, ‘some other substantial reason’ (SOSR), how the employer may resist claims about dismissals, whether collective consultation duties are engaged, changes to contractual terms and conditions, and if a TUPE transfer applies. It proceeds on the basis that there is a restructure but the undertaking continues to operate at the same site and, therefore, no ‘place of work’ redundancy arises. For broader guidance, see Business reorganisations—overview and Practice Note: Implementing a business reorganisation—employment issues.
Initial considerations
Assess the composition of the project team and safeguard project documentation to:
preserve confidentiality and for consultation purposes (eg label all proposals as ‘subject to consultation’). See Practice Note: Implementing a business reorganisation—employment issues: Initial considerations
limit circulation, where required, to protect legal advice privilege
Consider whether non-disclosure agreements are required and, if so, to what extent. Take into account any relevant professional duties or obligations (see Practice Note: Non-disclosure agreements (NDAs) and confidentiality provisions in employment)
Reason for dismissal—Redundancy situation?...
Employment
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