Sarah Austin

Partner | Employment & Immigration

Sarah is a Partner in the Employment and Immigration team. 

Sarah joined Capital in 2014 after starting her career at a large regional firm. She works with mainly private sector and third sector employers, and has a particular experience and knowledge of the tech, media and manufacturing industries and private equity firms. 

She advises on all aspects of employment law, but has extensive experience of advising on TUPE, collective consultation and restructure/redundancy. She also regularly advises on disputes with and exit of senior employees, and the drafting and enforceability of restrictive covenants. 

Sarah leads the corporate support unit within the Employment team, assisting the firm’s corporate lawyers with the employment aspects of the sale and purchase of businesses. She has particular experience of working on the employment aspects of investments by private equity funds. 

Sarah frequently delivers training to clients both in-house and at the employment team’s breakfast briefings. She can also undertake workplace mediation to resolve both internal disputes and those which have resulted in an employment tribunal claim. 

Expertise

  • Collective consultation 
  • Consultancy agreements 
  • Corporate support 
  • Employment 
  • Employment Investigations 
  • Employment law training 
  • Employment tribunals 
  • Outsourcing 
  • Restrictive covenants 
  • Redundancy 
  • Restructuring 
  • Service agreements 
  • TUPE 
  • Unfair dismissal claims
Cegin

Recent work

Private sector care provider
Advising a private sector care provider on a restructure, following the acquisition of another business, involving an intra group TUPE transfer. This included advice on the TUPE consultation process, preparing announcements, communications with employees and scripts for use in consultation meetings and advising on proposed measures. 

Client with operations across several UK regions
Advising a client with operations across several UK regions on the TUPE implications of the restructure of their business, consolidating a large number of existing group companies into a smaller number of newly formed group companies. This gave rise to the TUPE transfer of around 300 employees. We provided a suite of documents for use throughout the process, including scripts, letters, and a Q&A document. The process was completed smoothly with minimal disturbance to business operations and without any objection from the affected employees.
 

Tech employer
Advising a tech employer on the enforceability of the restrictive covenants applying to a prospective employee, and a strategy and implementation of the strategy to on board the employee without the employee breaching any of their restrictive covenants or the client becoming liable for inducing a breach.
 

Global tech company
Advised a global tech company on the termination of the CEO of one of its group companies following allegations of gross misconduct being made against them, involving an investigation, disciplinary process and settlement terms being reached.
 

IT contractor
Advising an IT contractor on the employment implications of award of a contract to another provider, including advice on the mechanics of the TUPE information and consultation process, and advice on responding to requests for information from the incoming contractor.
 

Labour outsourcing company
Acting for a labour outsourcing company to negotiate settlement terms with a departing director alleging constructive dismissal and sex discrimination, avoiding an Employment Tribunal claim.
 

Mobile satellite communications specialist
Drafting a suite of agreements for use by a client specialising in mobile satellite communications in relation to contingent workers, together with advice on worker classification.
 

Various clients
Assisting
the corporate team with the employment elements of corporate transactions (sales, purchases and investments), including drafting and negotiating service agreements, consultancy agreements and NED letters of appointments, and all stages of the transaction including input into corporate documents and employment due diligence. 
 

Testimonials

  • Sarah has assisted us on a number of employment matters, ranging from advice concerning individual employment issues to providing support and guidance in managing in depth TUPE programmes.

    On all occasions Sarah’s advice has been first class, she is extremely knowledgeable in her field, providing sound advice. I have always found Sarah to be trustworthy and supportive.

    Scott Wood | Executive Director Essex and Home Counties
    Tindle Newspapers Limited

  • Sarah has assisted us on a number of employment matters, ranging from advice concerning individual employment issues to providing support and guidance in managing in depth TUPE programmes.

    On all occasions Sarah’s advice has been first class, she is extremely knowledgeable in her field, providing sound advice. I have always found Sarah to be trustworthy and supportive.

    Scott Wood | Executive Director | Essex and Home Counties, Tindle Newspapers Limited