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Global Reach

Apart from offering expert legal consultancy for local jurisdictions, CMS partners up with you to effectively navigate the complexities of global business and legal environments.

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Mark is Of Counsel in the Employment team. He advises on all aspects of employment law. Mark has particular expertise in the employment implications of business transfers, outsourcings, restructurings, and other corporate and real estate transactions, including those with an international element. He also has considerable experience of advising on staff transfers from the public sector.  He is also interested in the remuneration issues affecting Financial Services clients.

One client said of Mark “Has been brilliant in helping us navigate TUPE issues on our… contract. His advice and letters are drafted so well that it is clear to anyone what the risks and mitigations are… He has simply been incredible to work with. I have received similar feedback from all other stakeholders, the Ops team, HR and the business.”

Outside of work, Mark is interested in golf and has just bought a new camper van, so he is looking forward to lots of new adventures. 

Relevant experience

  • A bank on a difficult second-generation outsourcing, where the incumbent supplier “weaponised” TUPE by withholding employee information. Mark helped the bank take a robust approach and a commercial solution was reached.
  • An investment manager on the employment aspects of the outsourcing of back-office services.  Mark worked closely with the client’s HR and Legal teams in the UK and the US.  The transaction was complex, involving different considerations in different jurisdictions. Mark provided advice in relation to the UK and coordinated advice from colleagues in other jurisdictions, taking the lead on drafting and negotiations.
  • A university on a wide range of matters, including the employment aspects of collaborations, various TUPE transfers, industrial action in relation to a dispute over amending its pension scheme, employment tribunal claims (including race and disability discrimination claims and an appeal to the Inner House of the Court of Session), disciplinary action against an employee as a result of a finding of academic misconduct, advice on the correct use of confidentiality clauses in settlement agreements, employing staff in China, how to structure its voluntary severance scheme, and advice in relation to honorary appointments.
  • A global investment firm on a USD 3.4bn acquisition. Mark advised on the strategic employment issues arising out of the deal, principally the timescales and costs of a post-completion restructuring, coordinating input from CMS’ overseas offices.
  • On the employment aspects of several international acquisitions and coordinating input from counsel in overseas jurisdictions.

Publications

  • Contributor to the Pensions Law Handbook (16th Edition), Bloomsbury Professional.

Memberships & Roles

  • Employment Lawyer Association

Education

  • 1995 – Dip LP, University of Edinburgh
  • 1994 – LLB, University of Aberdeen
  • 1991 – MA (Hons) in English & Philosophy, University of Aberdeen 
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