Expanding your Existing Business into the UK

Are you already established overseas? Have you found an opportunity to expand into the UK market?

We will help you to:

• approach your target in accordance with UK law and custom;
• negotiate heads of terms, exclusivity and confidentiality agreements;
• undertake a legal due diligence process and co-ordinate with the financial due diligence;
• advise on any commercial issues relevant to international groups e.g. data migration, transfer pricing;
• negotiate and manage the acquisition or investment process;
• integrate the target into your existing business;
• undertake corporate restructuring as a result of your investment or acquisition; andl plan for your exit.

Staffing issues

Investing in the UK can involve the relocation of your most trusted and able staff members or recruiting new staff. It may also be necessary, as part of any restructure, to release some staff. Both employment and immigration law in the UK will set hurdles you will need to understand.

Immigration considerations

Most non-EEA nationals are required to satisfy the Points Based System (PBS), unless they have permission to work in the UK in some other capacity, for instance they may have a British or European spouse or partner or an overseas business wants to send a representative to open its first UK office. The PBS requires applicants to gain a number of points assessed against the criteria of aptitude, experience, age, qualifications and salary. In certain tiers, employees must be sponsored by a licenced employer. All persons coming to the UK must also satisfy an English Language test.

We provide the following support: 

• determine the best immigration route for your staff to allow them to work in the UK;
• assist you with the process of registering your business to ensure you are approved as a sponsor under the PBS; 
• ensure you understand the responsibilities that licensing imposes on you and that you meet these responsibilities;
• evaluate prospective new hires and intra-company transferees against the requirements of the PBS;
• establish a clear process with you to ensure the correct information  and documents relating to prospective employees/transferees are gathered at the earliest possible stage in the procedure;
• provide full support to your employees overseas on the entry clearance (visa) process including document checking and online visa application support; and
• submit applications for further leave to remain for those employees already in the UK.

Employment considerations

Is UK law over-protective of employees? Some think so. Entrepreneurs need to know how to hire and fire and between those two points, what employment policies their staff are entitled to see. The law changes continuously as it keeps up to date with changes in society, which can cause pitfalls for the unwary business.

We will:

• advise on any contracts of employment to be offered to existing and prospective employees and draft appropriate contracts, including contracts of service with directors of the company;
• advise you on the rights of employees on the transfer of ownership of a business;
• advise you how the law protects employees e.g. the employees' rights to privacy of their personal data and how this impacts on your ability to monitor their e-mails and use of the internet;
• create the policies you need for your business e.g. bullying, use of personal email and social networking in the workplace, dress code; 
• advise on any requirement to designate a private pension scheme;
• advise you on your obligations to avoid discrimination on grounds of marital or civil partnership status, sex, sexual orientation, age, race or national origin, religion or belief, or disability; and
• when termination of employment is necessary, we advise you how to do this without fear of litigation.

Click on the following link to read our Investing in the UK brochure.