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Harding

Lee Harding

Partner

lee.harding@morganlewis.com

London Phone +44.20.3201.5639 Fax +44.20.3201.5001

Condor House//5-10 St. Paul's Churchyard//London, EC4M 8AL//United Kingdom

Lee Harding has a broad and versatile practice that goes beyond the provision of traditional legal services. Lee’s practice is focused on the myriad legal implications arising out of a rapidly changing workplace: flexible working, five generations in the workplace, giving workers a voice, and the crossover between employment and the regulatory environment, to name but a few. The nontraditional legal services that Lee offers require a proactive approach to managing workplace issues before they escalate. He engages with a wide range of stakeholders to deliver sophisticated and actionable solutions that resonate across the entire business.

selected representations

Advisory/transactions

  • Providing corporate support and advice to buyers and sellers on mergers and acquisitions across many sectors, including advising on document disclosure and due diligence as well as drafting warranties, indemnities, and other commercial documentation
  • Representing clients, including FTSE and Fortune 500 companies, on the employment and benefits aspects of cross-border transactions, restructuring, and other compliance exercises, including where there are issues involving works councils, collective consultation, and other protections arising out of the EU Acquired Rights Directive
  • Managing global data privacy compliance projects, including advising on the establishment of data privacy agreements, data transfer agreements, and forms of consent with employees
  • Providing strategic advice in preventing and responding to cybersecurity breaches—including ensuring that clients have a cybersecurity plan, a dedicated team, and preventative mock rehearsals of breaches—to ensure that companies are able to prevent, investigate, and remediate breaches quickly
  • Providing strategic advice to employers (including a US defense company) on the establishment of European Works Councils as well as negotiating and drafting European Works Council Agreements
  • Providing strategic advice and analysis to clients on gender pay gap analysis in preparation for anticipated legislation aimed at eliminating the gender pay gap
  • Counseling and preparing commercial documentation for employers, including startup companies, on bonus plans, share, and share option plans (including Enterprise Management Incentive schemes and employee shareholder share plans) to incentivize employees and align their financial interests with the success of the business in the most tax-advantageous way
  • Advising on UK pension issues, including automatic enrollment obligations and liabilities relating to defined benefit pension schemes
  • Advising employers on issues relating to trade union recognition and industrial action, including helping to formulate strategies for avoiding business disruption (such as recognition by a more militant union or strikes) through a carefully orchestrated internal PR campaign and adopting a robust approach to litigation
  • Counseling employers on complex employment disputes for clients—often where there is a regulatory angle under the Senior Managers and Certification Regime and/or where there are allegations of whistleblowing—and helping clients contain those disputes in a way that minimizes litigation risk as well as reputational and financial damage
  • Advising clients (including one of the oldest banks in the world) on the regulation of bankers’ bonuses, such as the requirements for claw back and malus under the relevant UK Remuneration Codes and the use of role-based allowances in relation to the cap on bankers’ bonuses
  • Counseling challenger banks on the requirements under the Senior Managers and Certification Regime and preparing necessary commercial documentation and training for clients, including in relation to Statements of Responsibility, Responsibility Maps, and compliance with Conduct Rules

Litigation

  • Managing complex and high-value employment tribunal litigation—including high-value matters involving multiple claimants—and managing the formulation of litigation strategy to defend claims or settle them on commercially acceptable terms
  • Working closely with IT forensic experts in searching for and gathering evidence related to unlawful team move claims on behalf of employers, including preparing and negotiating search protocols
  • Defending high-value breach of contract claims against senior executives in the London High Court
  • Issuing legal proceedings against employees alleged to have breached their duties of fidelity and other obligations (including in relation to confidential information) to obtain “springboard relief”
  • Acting for either the “gatekeeper” or “poacher” in time-sensitive cases involving applications for injunctive relief where employees are said to have breached restrictive covenants

Awards and Affiliations

Recommended, Human Resources: Employment: Employers, The Legal 500 UK (2020, 2021)

Recommended, Corporate and Commercial: Private Equity: Transactions - Mid-Market Deals (Up to £250m), The Legal 500 UK (2021)

Recommended, Corporate and Commercial: M&A: Lower Mid-Market Deals, £50m–£250m, The Legal 500 UK (2019)

Member, Practice Group of the Year, Employment, Law360 (2017, 2019)

Admissions

  • England & Wales (Solicitor)

Sectors

  • Technology
  • Financial Services
  • Retail
  • Life Sciences
  • Transportation

Services

  • Labor Employment Benefits
  • Individual Employee Litigation and Arbitration

Regions

  • Europe

Trending Topics

  • UK’s Senior Managers and Certification Regime (SMCR)

Events

2/24/2021 - COVID-19 Vaccines, Remote Working and Leave Issues: Latest Developments and Legal Considerations for UK Employers Webinar

11/18/2020 - Issues Concerning Cross-Border Employees

10/19/2020 - LendIt Fintech Europe 2020

9/29/2020 - It’s Work but Not as We Know It: Adapting the Workplace to the Post-Pandemic World

6/30/2020 - Client Money: Regulatory Goals and Key Requirements for Insurance Brokers

6/18/2020 - Distressed M&A in the UK: Navigating New Opportunities in Uncharted Waters

6/10/2020 - Heroes and Villains: Anticipating, Navigating, and Responding to the PR and HR Challenges Arising out of the Pandemic

5/28/2020 - Restructuring and Reintegrating Your Global Workforce in a Post-Pandemic World

5/13/2020 - Reopening The Workplace: Key Considerations For UK Employers

4/23/2020 - COVID-19: The Top 10 Questions Facing UK Employers

3/26/2020 - Back to Basics – A guide to contracts and policies in the workplace

2/18/2020 - Privacy and Data Security Issues in M&A Transactions

11/18/2019 - Global Sourcing Association (GSA) Strategic Sourcing Symposium

10/7/2019 - SMCR for Financial Services: Is Your UK Operation Ready?

9/25/2019 - Senior Managers and Certification Regime: A Practical Update on Key Issues and Developments Summit

7/11/2019 - 2019 Managing the Global Workforce – Employee Misclassification: Managing Risks in a Global Workforce

6/19/2019 - 2019 Managing the Global Workforce Webinar Series

5/29/2019 - 2019 Technology May-rathon: Global Pay Equity Issues – “Fair vs. Unfair”

5/17/2019 - 2019 Technology May-rathon: Pitfalls and Patents – Buying IP-Rich Businesses

11/17/2016 - A Whistle-Stop Tour of Whistleblowing in the Workplace

10/6/2016 - 2016 Managing the Global Workforce Webinar Series – Managing Cross-Border Redundancies and Reductions in Force

6/29/2016 - The Perils of Social Media – An Employment Law Perspective

2/9/2016 - Promoting Equality and Diversity and Avoiding Unlawful Discrimination

11/11/2015 - Recruitment: Successfully Navigating a Safe Course to a Positive Outcome

9/30/2015 - Strengthening Accountability in Banking and Insurance – Impact of the Proposed Regulatory Framework on Individuals

9/22/2015 - Privacy and Cybersecurity in the EU: Data Protection in the Modern World

6/30/2015 - Everyone Needs a Holiday: Stress-Free Holidays for Employers London Seminar

3/24/2015 - Shared Parental Leave

2/3/2015 - The Morgan Lewis Mock Tribunal

News

1/28/2021 - Morgan Lewis Advises Channel 3 Consulting on Management Buyout

11/25/2020 - Could UK Employers Force Staff to Get a COVID Vaccine?, Daily Mail

4/8/2020 - Morgan Lewis Advises NSM Insurance Group on Acquisition of Kingsbridge Group

12/11/2019 - Morgan Lewis Advises Abercrombie & Kent on Acquisition of Cox & Kings

6/26/2019 - The Internet of Things – M&A and the IP Rich Target, Connectivity Business

6/20/2019 - Could gig economy deals halt the trade union's demise?, HR Magazine

4/29/2019 - Morgan Lewis Advises MML Capital Partners on Investment in Altius

2/22/2019 - Morgan Lewis Advises Connect Airways and Cyrus Capital on Acquisition of Flybe

11/6/2018 - Morgan Lewis Advises Digital Colony in Opencell Acquisition

8/29/2018 - Morgan Lewis advises Digital Colony on Investment in Stratto

6/11/2018 - Morgan Lewis Elects 30 New Partners

1/13/2017 - Morgan Lewis Advises Denali Sourcing Services in Purchase by WNS (Holdings) Limited

7/26/2016 - Morgan Lewis Advises Globus Medical in Acquisition of Alphatec’s International Business

1/26/2015 - Morgan Lewis Advises Entrepreneurs Amit  Meeta Patel on the Sale of Auden Mckenzie to Actavis

7/8/2014 - Morgan Lewis advises Gentex on acquisition of Helmet Integrated Systems Limited

Publications

2/17/2021 - Louise Skinner and Lee Harding: The Government's Spending Review Plans for April, Employee Benefits

2/12/2021 - UK Employment Appeal Tribunal Ruling a Warning to Employers to Revisit Equality Training

2/3/2021 - UK Furlough Scheme: Treasury Releases New Direction and HMRC Publishes Employer Details

February 2021 - Health and Safety: High Court Rules UK Failed To Implement EU Protections for Limb (B) Workers, Employment Law Journal

1/15/2021 - UK Coronavirus Job Retention Scheme: Government Expands Scope of Claims

12/22/2020 - Updates and Considerations for UK Employers Regarding COVID-19 Vaccines

12/21/2020 - UK’s Furlough and Business Loan Schemes Extended Again

12/18/2020 - Are You Ready for the New Off-Payroll (IR35) Rules?

11/25/2020 - High Court: UK Government Failed to Implement EU Health and Safety Directives for ‘Limb B Workers’

11/25/2020 - Takeaways From The Latest Furlough Scheme Guidance, Employee Benefits

11/23/2020 - COVID-19 Vaccine: Considerations for UK Employers

11 November 2020 (Updated 16 November 2020 following updated guidance from HMRC on 13 November 2020.) - Latest Coronavirus Job Retention Scheme Guidance Released

11/6/2020 - UK Government Extends Furlough Scheme Until 31 March 2021

11/2/2020 - SMCR: Full Implementation for Solo-Regulated Firms Delayed to 31 March 2021

11/2/2020 - UK Government Extends Existing Job Support Scheme in Response to Latest COVID-19 Lockdown

10/27/2020 - COVID-19 Updates in the UK: Job Support Scheme Amendments and Furlough Fraud

9/28/2020 - COVID-19: UK Announces New Job Support Scheme to Protect Jobs During Winter

9/4/2020 - UK Employment Status Development: Foster Carers Are Classed As Employees

9/2/2020 - FCA Releases Guidance to Assist Solo-Regulated Firms in Fitness and Propriety Assessments, Staff Training

8/11/2020 - COVID-19: Furloughed Employees to Receive Full Notice and Redundancy Pay

8/7/2020 - New HMRC Clawback Powers and Penalty Measures for COVID-19 Support Payments

7/20/2020 - UK Employment Appeal Tribunal Dismisses Cyclist’s Attempt to Prove Employment Status

2020 - Getting the Deal Through – Labour & Employment 2020 – United Kingdom

7/6/2020 - Latest Developments on UK Return to Work Guidance

July 2020 - Health and Safety: COVID-19 and Serious and Imminent Danger: A New Dawn in Employee Litigation?, Employment Law Journal

6/16/2020 - Coronavirus Job Retention Scheme Will Be More Flexible From 1 July: What It Means for UK Employers

6/1/2020 - Coronavirus Job Retention Scheme Wind-Down: What Will It Mean For UK Employers?

5/15/2020 - UK’s Lockdown Exit Strategy: A Guide for Employers

4/30/2020 - Reopening the Workplace: A Preliminary Guide for UK Employers

4/29/2020 - COVID-19: Top Issues Facing UK Employers

4/20/2020 - Furlough Developments: Legal Framework Published for UK Coronavirus Job Retention Scheme

4/10/2020 - Furlough Developments: Updated Guidance on UK Coronavirus Job Retention Scheme

3/30/2020 - COVID-19 Developments for UK Employers: Coronavirus Job Retention Scheme, Annual Leave Carryover

3/23/2020 - COVID-19 – Important Additional Considerations for UK Employers

3/19/2020 - COVID-19: UK Postpones Off-Payroll Working Rules (IR35) Reforms Until 2021

3/16/2020 - Responding to Coronavirus (COVID-19): Guidance for UK Employers

3/10/2020 - New UK Rules on Statements of Particulars of Employment Coming Into Force 6 April

2/26/2020 - Privacy and Data Security Issues in M&A Transactions

2/10/2020 - EHRC Issues Guidance on Workplace Harassment and Sexual Harassment

1/16/2020 - UK Court of Appeal Upholds Injunction Following Breach of Strike Ballot Rules

1/1/2020 - Implementing A Global Corporate Whistleblowing Policy: Data Protection Issues, Lexis PSL

11/25/2019 - How Can You Ensure Employees Have a Voice?, People Management

10/30/2019 - UK Court of Appeal Issues Guidance on Content of Strike Ballot Notices

7/18/2019 - The HR Considerations of Buying an IP-Rich Business, People Management

2019 - Getting the Deal Through – Labour & Employment 2019 – Mandatory Employee Board Representatives – Fantasy or the Future?

2019 - Getting the Deal Through – Labour & Employment 2019 – United Kingdom

7/10/2019 - UK Women and Equalities Committee Calls for Immediate Government Action to Prevent Misuse of NDAs

7/9/2019 - UK Supreme Court Overturns Longstanding Guidance on Severance in Post-Termination Restrictions

7/2/2019 - UK Court of Appeal Ruling Paves Way for Collective Bargaining Without Veto Right for Unions

6/25/2019 - ECJ: Member States Must Require Employers to Record Workers’ Daily and Weekly Hours

5/31/2019 - UK Court: No Discrimination for Failure to Pay Enhanced Shared Parental Pay Equal to Maternity Pay

5/28/2019 - Emerging technology M&A and associated IP challenges, IT ProPortal

5/15/2019 - Why do Employees Turn to Trade Unions?, HR Director

4/2/2019 - FCA Issues Final Guidance on Key Issues Ahead of SMCR Extension

2/21/2019 - UK Publishes Guidance for Employers to Close Gender Pay Gap

2/14/2019 - SMCR Update: UK Banking Standards Board Proposes Guidance on Regulatory References

9/12/2018 - Implementing a Global Corporate Whistleblowing Policy: Data Protection Issues, Lexis PSL

9/5/2018 - UK Advisory, Conciliation and Arbitration Service Issues Guidance on Employment References

2018 - Getting the Deal Through – Labour & Employment 2018 – United Kingdom

12/7/2016 - Investigatory Powers Act Becomes UK Law

10/26/2016 - ECJ: Dynamic IP Addresses May Qualify as Personal Data

9/29/2016 - Privacy Shield Alert: Onward Transfer Grace Period Ends September 30

4/14/2016 - Article 29 Working Party Expresses Concerns About EU-US Privacy Shield

2/11/2016 - New European Data Protection Laws, Information Security Solutions

1/4/2016 - Senior Managers Regime (SMCR): Government U-turn on Presumption of Responsibility, FX-MM

December 2015 - Senior Managers Regime — Government U-turn on the Proposed 'Presumption of Responsibility', Financier Worldwide

11/17/2015 - New UK Regime to Strengthen Senior Management Accountability

11/5/2015 - CMI Spotlight on Closing the Gender Pay Gap, Payroll World

8/27/2015 - Gender Pay Equality, HR News

7/29/2015 - UK Financial Institutions Strengthen Accountability

5/12/2015 - Collective Consultation Obligations: Restoring the “Establishment” Test

11/5/2014 - Managing Bereavement in the Workplace, Personnel Today

7/8/2014 - Why Equality Matters in the Global Workplace

6/16/2014 - Disciplining Employees: To Err is Human, to Forgive is Divine!, HR Review

3/31/2014 - Essential Guide: Employment Contracts and Policies, Real Business

3/25/2014 - Variety is the Spice of a Workforce!, Fresh Business Thinking

3/14/2014 - UK Government Publishes Employment Tribunal Statistics

2/20/2014 - Zero Hours Contracts Rarely Mean Zero Rights, Global Banking & Finance Review