Environmental, Social and Governance (ESG) and Employment

When making investment decisions ESG factors have never been more influential and the reputational and legal issues surrounding ESG compliance has never been under greater scrutiny. Employment-related aspects of ESG are critical in developing and implementing a successful strategy.

Life at the interface of investment activities and the legal requirements of ESG can be challenging. The Eversheds Sutherlands team of lawyers, led by Diane Gilhooley and Sophie White, can help navigate those challenges, offering practical insights, gained through their substantial experience of the legal, financial, reputational and ethical issues facing investors and through their experience in employment law and HR.

A leading global law firm, Eversheds Sutherland has over 70 offices in over 30 countries including 10 offices in the UK. Their teams of lawyers operate seamlessly to deliver the legal know-how and strategic required in order to help further their business interests.

Eversheds Sutherland’s Employment and ESG specialists have a reputation as market leading advisers on people and ESG issues. Their collective experience ensures that they provide comprehensive strategic advice and solutions to boards, in-house lawyers, HR, ESG teams and senior management executives of investor organisations, including on the regulatory aspects facing investors and funders in each jurisdiction of operation.

Our Employment, Labour, Pensions and Immigration Offering

Operating any business requires considerable management resource, particularly in the guidance of people strategy.  Having a legal partner to provide practical and commercial advice, both on strategic and day to day activities can provide vital support in managing and anticipating human resource issues.

The employment law knowledge and experience of the Employment, Labour, Pensions and Immigration team provides a platform from which to guide informed decision-making, working in partnership to offer tailored solutions and facilitate the seamless management of labour, pensions and immigration issues. Covering the full range of contentious and non-contentious work, from policy drafting to operational strategy, pensions policy and administration, immigration strategy and conducting complex and high-profile employment tribunal litigation, including in areas of equality and discrimination. The team has extensive experience in advising on job moves, handling grievances and contentious exits, tribunal claims, regulatory requirements and restrictive covenants.

Advising on organisational issues (including large scale redundancy and restructuring programmes, industrial relations issues, mergers and collaborations, and equality and diversity strategies); international collaborations and cross border issues and strategic responses to COVID. The solutions the team offers are enhanced by the strong and extensive network of connections it retains amongst key organisations, with senior executives and partners.

Having successfully advised investors, employers, professional partnerships and senior executives on matters such as:

• Global working arrangements and practices
• Domestic and international restructuring
• Employment and pensions issues related to mergers and acquisitions
• Workforce change management
• Global mobility and immigration
• European Works Councils
• Human rights, including compliance audits
• Discrimination, diversity and inclusion issues and strategies
• Executive exits
• Contingent workers, including off-payroll working requirements (IR35) and independent contractor issues
• Court and employment tribunal litigation
• Background checks
• Working time management and compliance
• Whistleblowing policies, procedures and internal investigations
• Grievance and disciplinary procedures
• Disputes concerning post-termination activities, including breach of restrictive covenants and misuse of confidential information
• Harassment, including employer liability for harassment caused by third parties
• Equality of pay and pay transparency, including gender pay gap strategy and reporting obligations
• Family leave policies
• Workforce health and safety

Our Environmental, Social and Governance (ESG) Offering

ESG issues and sustainable business structures are no longer just regulatory concerns, they are board-level strategic issues. Failure to take appropriate, informed steps could leave an investor, fund or business organisation exposed to material business risks, particularly as key stakeholders are now requiring change within companies, and for good reason.

Diversity and inclusion, pay transparency, employee engagement, human rights issues in operations and supply chains, and pension scheme provision, are among some of the workplace ESG issues which have the potential to impact positively or negatively on an organisation’s reputation, value and risk profile. These issues are not only facing regulatory scrutiny but prompting pro-active responses amongst stakeholders, whether through investment strategy or shareholder, employee or third party activism.

Eversheds Sutherland’s dedicated ESG Solutions team advises comprehensively on ESG issues and strategies, whether in implementing ideas for value-enhancement or providing risk mitigating solutions.

The Eversheds Sutherland’s ESG employment offering falls within six broad categories:

• Culture and employee engagement
• Change management
• Diversity and inclusion
• Corporate governance in the workplace
• Human rights, labour and supply chains
• Pension scheme specific requirements

The ESG Solutions team can help you craft an ESG strategy and take advantage of the opportunities of its implementation – mitigating risk and helping you build legal compliance on the way. In addition, they also provide Boardroom and workplace training on all workplace ESG issues.

For more information about Eversheds Sutherland and how they can support you on both employment and ESG matters, visit Eversheds Sutherland

Contacts

Diane Gilhooley – Partner, Global Practice Group Head of Employment, Labor and Pensions and Global Co-Head of Environmental, Social and Governance (ESG)
Tel: + 44 (0)7770 838 504
Email: dianegilhooley@eversheds-sutherland.com

Sophie White – Partner, Global employment and Environmental, Social and Governance (ESG)
Tel: + 44 (0)7717 300 811
Email: sophiewhite@eversheds-sutherland.com

For further advice and assistance please contact:

Eversheds Sutherland LLP
1 Wood Street
London
EC2V 7WS
Website: www.eversheds-sutherland.com