Mishcon partner and head of employment Daniel Naftalin says Mishcon has been ‘at the forefront’ of efforts to clarify the law on worker status, with particular emphasis on the ‘gig economy’. Naftalin navigates a wide range of clients through the fractious environment of HNW employment law, advising on both litigious and non-litigious battles: from new employment and terminations to discrimination and restrictive covenants issues. Highlights this year include the litigious Pimlico Plumbers’ case; issuing anonymity orders for a music celebrity; and ‘a complex tribunal arising from the termination of engagement of a carer with trusts related issues’. Naftalin’s work varies from the High Court and Employment Tribunal to advising on termination and competition rules. He has litigated several landmark City cases, such as the 2012 case of 21 Dresdner Kleinwort investment bankers claiming unpaid retention bonuses. ‘The particularly challenging and competitive environment in which businesses are currently operating has meant a need to think more creatively about recruiting and retaining the best talent — aligning key managers with the shareholders is significant,’ he says. He also notes that the use of share incentive schemes as a form of remuneration is becoming more common: perhaps one sign that employers acknowledge the intergenerational gap among their workforces, which needs a more thoughtful approach as it involves markedly different lifestyle priorities.
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