Troubled waters

Worried about what's around the corner? Something keeping you up at night? Problems with suppliers, regulators, pensions or employees? Wragge & Co's experts are on hand to help steer your organisation through troubled waters.

Structuring robust contractual arrangements

What's the issue?
Weak commercial arrangements affect revenue and can cost businesses money. They can be a drain on senior management time, and in this climate businesses cannot afford the distraction. Many businesses are looking to exit contracts to cut costs. Those contracts that are not robust can be an easy target.

How can we help?
We will conduct a detailed review of your contracting processes and procedures, and make recommendations based on our experience of what can go wrong. We can help you to streamline your processes with checklists and template contracts so that your business is protected and can contract easily and cost effectively. We can provide "second-line support" for those contracts that require more attention. All of this is backed up by some innovative commercial products like our gold, silver and bronze contract reviews. These give you fixed-price contract reviews based on a pre-agreed scope.

Why choose Wragge & Co?
We have a large team of commercial lawyers experienced in a broad range of issues, from supply and sale of goods to property management, IT, logistics and procurement. These commercial lawyers are sector focused, so they bring legal technical excellence and good business knowledge of your sector. This means that we have seen it all before and can anticipate the likely issues early on.


Redundancy and its alternatives

What's the issue?
Markets are tough. Profit margins are thin. Businesses of all shapes and sizes are looking at how they can cut costs and minds turn quickly to redundancies.

How can we help?
In some cases headcount and shape will be the first things to deal with but redundancy may not always be the most appropriate tool. It can be a risky process to run (though we can help to reduce that risk by providing a body on the ground to help walk you through it) and, even when done properly, can leave a mess in its wake. The key is in understanding what your organisation needs, what the options are and then tailoring the solution accordingly.

In addition to redundancy there are a wide range of options open to employers. Whether hours or wage reductions, or perhaps a more robust focus on performance or absence management might better help achieve your aims, we can help. Our experts also help businesses avoid disputes. Where they do arise, they take a proactive approach to litigation and never lose sight of business objectives. This helps improve success rates and, at the same time, cut costs.

Why choose Wragge & Co?
Wragge & Co's Employment team has a wide range of experience advising clients on a variety of approaches to this problem. Rather than immediately leaping into a formal redundancy process, we encourage clients to step back and look at where they want their business to get to in the future. The 37-lawyer team is also Employment Team of the Year, following its victory at this year's Lawyer Awards, so you'll benefit from cutting-edge, award-winning expertise.


Protecting your supply chain

What's the issue?
In the current economic climate suppliers are experiencing financial difficulties which threaten to disrupt a company's supply chain. Problems with suppliers can potentially have enormous implications both from a financial and reputational perspective.

How can we help?
We provide a guide to the key elements of the supply chain from negotiation of the initial contract to the insolvency of the supplier and all steps in between. With a strong background in the automotive, food, engineering and manufacturing industries, our experts know how the supply chain might be jeopardized. They give guidance on best practice to avoid problems in the first instance and practical solutions in a worst case scenario.

Why choose Wragge & Co?
Because Wragge & Co's track record includes an important case in this area. In 2002, partner Nicola Mumford led a team handling the Land Rover/UPF case. When a supplier threatened to halt supply of a vital automotive component, the team succeeded in securing an emergency mandatory injunction. Their fast action ensured production could continue. When considering this type of situation, judges now determine whether a "UPF order" is required.

Wragge & Co has a wealth of experience in a huge range of industry sectors from automotive to retail. These diverse sectors have one thing in common - complex multi-supplier supply chains where the smooth running is critical to the client's core business.


Managing redundancies and avoiding additional pension liabilities

What's the issue?
Many companies are making business decisions involving restructurings and/or redundancies. Although the employment requirements for implementing a fair and cost-efficient redundancy programme may be addressed from the outset, there can be hidden pensions implications flowing from a redundancy programme. Failure to consider these from the outset could be extremely costly.

How can we help?
Our lawyers work with a company to identify what pensions considerations need to be looked at prior to implementation of a (collective) redundancy programme. Particular issues include:

  • Whether or not a redundancy would trigger an entitlement to an enhanced early retirement pension under the company's final salary pension scheme rules.
  • Whether or not the redundancy programme could lead to there being no 'active members' in that company, triggering what is known as a section 75 debt (which can be substantial).
  • Whether or not there is any potential risk of age discrimination in the way the proposed redundancy (both in selection and payment is being implemented).

Where a client has already begun a redundancy programme and triggered potential liabilities, we can work with the client to try to minimise their risk exposure.

Why choose Wragge & Co?
Pensions and employment issues often go hand in hand. So the firm has one of the UK's only dedicated Combined Human Resources Solutions teams; bringing together highly skilled experts in both fields. One CHRS lawyer can advise HR professionals, in-house-legal teams and finance directors on all the relevant HR legal aspects.

Clients rely on us for legal advice on all aspects of strategic workplace issues. Members of the team are advising several companies on steps they can take to mitigate pensions liabilities during a voluntary redundancy exercise which could potentially trigger the right to enhanced early retirement pensions under their pension scheme rules. The cost implications of this could be potentially significant.


Pensions - member and adviser disputes

What's the issue?
As far as pension schemes are concerned there are various possible issues:

  1. Unhappy scheme members bringing individual complaints or collective complaints arising out of a single issue or circumstance; for example, a poorly drafted ill-heath early retirement rule and/or a change in a connected policy
  2. Unclear scheme provisions which mean trustees are uncertain about the proper administration of the scheme and/or companies are uncertain about their costs liability in relation to the scheme
  3. Unsatisfactory advice received from other professional advisers such as actuaries and administrators

How can we help?
By identifying how problems arise and providing training or advice on how to avoid them. Or, by identifying issues at an early stage and managing the situation to prevent problems developing. Where prevention or early resolution is not possible, our pensions dispute resolution specialists advise on achieving commercial settlement or court resolution in the most cost-effective manner.

Why choose Wragge & Co?
Our pensions litigation experts speak your language, providing a clear explanation of the issues, options and recommendations. They also speak the language of pensions law, explaining pensions issues in a way that makes them accessible to the courts, tribunals and the ombudsman.

What's more, our experts don't sit on the fence. They help clients move out of tricky situations by providing clear, commercial and practical advice. This means we identify and deliver effective solutions for clients, providing real value for money.


Staying out of trouble - prosecutions, civil claims and protecting reputations

What's the issue?
In an ever more regulated age - health and safety, environment, trading standards or environmental health - there is a real and present danger of businesses and individuals committing regulatory criminal offences.

Sanctions are becoming more effective and punishments far harsher. Regulators are constant in their enforcement, regardless of the prevailing economic conditions. Ensuring compliance is a challenge, especially in the face of tightening budgets and reducing headcounts.

How can we help?
Wragge & Co's Regulatory Litigation team specialises in dealing with investigations and formal enforcement action after an incident. They work with clients to minimise the disruption and the cost to the business, whether in terms of financial penalty, adverse attention or an individual's involvement.

Our view is that avoidance is the best form of defence so we help clients raise awareness of the threat within the organisation before the event in order to help prevent it. We also advise on compliance and systems and procedures designed to avoid a breach.

Why choose Wragge & Co?
Criminal penalties, fines, damage to reputation – none of these are good for business. Choosing a team that will understand your business and the pressures you face, and advise accordingly, will help you stay on the right side of the law. Running a compliant and efficient business gives you a competitive edge.

Understanding the regulator's agenda, as well as our clients', means we can all focus on sensible and proportionate enforcement. One of our clients was under threat of formal enforcement action by the Environment Agency. We worked closely with both the agency and the client to secure an outcome which protected the environment in the future and also avoided formal enforcement action.