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Portrait ofTracey Marsden

Tracey Marsden


CMS Cameron McKenna Nabarro Olswang LLP
1-3 Charter Square
S1 4HS
United Kingdom
Languages English

Tracey Marsden is a Partner in and leads the CMS Sheffield Employment Team.  She has over 26 years' experience of both contentious and non-contentious issues in the public and private sector.   Tracey is an experienced Tribunal advocate and works with clients in a wide variety of sectors.

Tracey advises on trade union and industrial relations issues, major business transfers, redundancy and restructuring programmes and TUPE related issues, including in the context of public procurement in the public and private sectors.  She has also developed expertise in managing employment issues arising out of Private Equity transactions, usually involving senior executives with equity as well as advising buyers and sellers of businesses in insolvency.  

She often assists clients through business change as part of which she has extensive TUPE and restructuring experience and has dealt with a vast array of redundancy programmes, including in unionised environments.  She has also handled large scale changes to terms and conditions of employment and incentive/bonus programmes. Tracey is frequently called on to support sensitive issues at boardroom level, in particular senior management dismissals/appointments, reorganisations and team moves. 

Tracey has been involved in the management of international employment issues, largescale reorganisations and significant and high-profile business transfers, real estate and M&A transactions. Recent work includes advising on the speedy acquisition by Galliford Try of the water division of NMCN plc (in administration) involving the transfer of 900 employees, the acquisition by Retail Ecommerce Ventures LLC of high-end brand Ralph & Russo and the transfer of the business of Bulb Energy to Octopus Energy via the first of its kind Energy Transfer Scheme.    

Tracey’s practice also includes advising on discrimination in the provision of goods and services and access to premises.

Tracey also heads the One North Charity Committee.  She is co-lead of the Sheffield office CMS Women's Network and sits on the Global CMS Women committee.

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Relevant experience

  • UK Coal on the employment team in connection with the employment issues arising from a second and innovative corporate restructuring following a catastrophic fire at one of UK Coal's deep mines in February 2013. The restructuring was of national importance, preserving over 2000 regional jobs and protecting the pensions of over 7000 former employees. Advice covered immediate and interim workforce solutions, including short-time working, lay-off and secondments to other collieries and subsequently collective redundancies, and TUPE issues associated with the corporate restructuring. Also advised on claims that arose during the administration of the former group, including group litigation for non-payment of redundancy pay and has since advised on the employment issues arising in relation to the closure of the last deep mines in the UK.
  • Lowcost travel group Limited facilitating and advising on the employment advice across 4 jurisdictions (UK, Poland, Spain and Switzerland) in relation to the administration of the Lowcost travel group. 
  • Barnsley Metropolitan Borough Council on the employment support required by the Council in relation to its Building Schools for the Future programme, including advice on the application of TUPE, drafting TUPE provisions for contracts between the Schools and service providers and considering the legal status of maintained schools for the purposes of a TUPE transfer
  • Places for People on a number of contracts for the provision of Leisure Management services to local authorities and providing associated TUPE advice and HR support
  • Real Estate Support on numerous property transfers (including hotel chains, shopping centres and office buildings) involving TUPE issues and the employment provisions of Property and Hotel Management Agreements 
  • Data Subject Access Requests of employees – guiding employers through the duties under the Data Protection Act 1998; advising on exemptions and obligations in the context of litigation. 
  • Employment Tribunal dealing with complex claims including whistleblowing, discrimination, harassment, bullying and victimisation.
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Memberships & Roles

  • Tracey is a member of the Employment Lawyers Association and the European Employment Lawyers Association.
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  • 1993 – BA (Hons) Law (2:1), Sheffield Hallam University
  • 1994 – Legal Practice Course (Distinction), College of Law, York
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