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Tracey Marsden

Tracey Marsden

Partner

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

Tracey Marsden is a Partner in the Firm's Employment group with over 20 years' experience, specialising in all aspects of Employment Law with experience of both contentious and non-contentious issues in the public and private sector.   Tracey is an experienced Tribunal advocate.

She advises on trade union and industrial relations issues, major business transfers, redundancy and restructuring programmes, TUPE related issues, including in the context of public procurement, mergers and acquisitions as well as on the appointment and exit of board directors and senior executives.

Her experience covers a wide range of clients in different sectors, including energy, financial services, healthcare, infrastructure, retail technology (including forensic testing and analysis), real estate and retail.

Tracey's practice is national and international. 

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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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Education

  • 1993 – BA (Hons) Law (2:1), Sheffield Hallam University
  • 1994 – Legal Practice Course (Distinction), College of Law, York
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Memberships

  • Tracey is a member of the Employment Lawyers Association and the European Employment Lawyers Association.
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Expertise

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February 2021
A guide to the Coronavir­us Job Re­ten­tion Scheme & Self- Em­ployed In­come...
We ex­am­ine the grants avail­able un­der the Coronavir­us Job Re­ten­tion Scheme (CJRS) and the Self-Em­ployed In­come Sup­port Scheme, both of which are cur­rently ex­ten­ded to 30 April 2021.
21 December 2020
CMS ad­vises Bibby Line Group on sale of Cost­cut­ter Su­per­mar­kets Group
In­ter­na­tion­al law firm CMS has ad­vised Bibby Line Group on the sale of Cost­cut­ter Su­per­mar­kets Group (CSG) to Best­way Whole­sale, the UK’s largest in­de­pend­ent whole­saler. The agree­ment is part of a planned...
12 November 2020
Ex­ten­ded Fur­lough Scheme: Gov­ern­ment guid­ance pub­lished
This note is cur­rent as at 6pm on 12 Novem­ber 2020 In­tro­duc­tion On Fri­day 6 Novem­ber, we re­por­ted on the ex­ten­sion of the Coronavir­us Job Re­ten­tion Scheme (“Fur­lough Scheme”) fol­low­ing the Chan­cel­lor’s...
06 November 2020
Winter of dis­con­tent? Fur­lough Scheme ex­ten­ded un­til 31 March 2021
This note is cur­rent as at 10am on 6 Novem­ber 2020 In­tro­duc­tion On Monday 2 Novem­ber, we re­por­ted on the ex­ten­sion of the Coronavir­us Job Re­ten­tion Scheme (“Fur­lough Scheme”) for one month, fol­low­ing...
02 November 2020
Re­verse gear on the lock­down roller coast­er – Job Sup­port Scheme post­poned;...
This note is cur­rent as at 10 am on 2 Novem­ber 2020 In­tro­duc­tion The new Job Sup­port Scheme (“JSS”) was due to com­mence yes­ter­day, 1 Novem­ber (sum­mar­ised in our last brief­ing). On Fri­day night, the...
26 October 2020
The latest on the Job Sup­port Scheme (JSS) – Open for busi­ness or Closed?
In­tro­duc­tion We have pre­vi­ously re­por­ted on the in­tro­duc­tion and sub­sequent ex­ten­sion of the JSS, fol­low­ing the Chan­cel­lor’s ini­tial an­nounce­ment of it on 24 Septem­ber 2020. Today we re­port on the fur­ther...
14 October 2020
Me­di­um, High or Very High – What are the chances that the new Job Sup­port...
On 24 Septem­ber 2020, the Chan­cel­lor, Rishi Sunak, an­nounced the in­tro­duc­tion of his new Job Sup­port Scheme with ef­fect from 1 Novem­ber. See our brief­ing here.Last Fri­day, Mr Sunak con­firmed that the...
14 October 2020
The gender pay gap in a COV­ID-19 world – are we fall­ing back on old habits?
In our pre­vi­ous Law-Now art­icles in this series, we have looked at the im­pact of COV­ID-19 on vari­ous as­pects of di­versity. In this Law-Now we con­sider why the COV­ID-19 crisis threatens the (al­beit gradu­al!)...
25 September 2020
New Job Sup­port Scheme an­nounced
This note is cur­rent as at Fri­day 25 Septem­ber 2020. In­tro­duc­tion Yes­ter­day, the Chan­cel­lor Rishi Sunak an­nounced a new pack­age of meas­ures de­signed to sup­port busi­nesses over the winter months. A new...
08 September 2020
Men­tal Health Re­spon­der Plus (We­bin­ar)
Busi­nesses have been de­vel­op­ing an act­ive in­terest in men­tal health in the work­place for some time.However, in­creased aware­ness on well-be­ing is not on its own suf­fi­cient to ad­dress chal­lenges presen­ted...
15 June 2020
Coronavir­us Job Re­ten­tion Scheme – flex­ible fur­lough and oth­er changes...
This note is cur­rent as at 9a.m. on 15 June 2020. The Coronavir­us Job Re­ten­tion Scheme (“CJRS”) – what’s new? We have pre­vi­ously re­por­ted on the in­tro­duc­tion of and sub­sequent mul­tiple cla­ri­fic­a­tions...
16 April 2020
COV­ID-19 – Coronavir­us Job Re­ten­tion Scheme – guid­ance up­dated 9 and 15...
Al­though the Gov­ern­ment up­dated its guid­ance on the Coronavir­us Job Re­ten­tion Scheme (the “Scheme”) as re­cently as 4 April 2020, it is­sued a third ver­sion on the even­ing of 9 April and a fourth ver­sion...