COVID-19 EXPERT LEGAL INSIGHTS

How can partners prepare for a post COVID-19 firm cull?

This article was first published in Legal Week on 27 April 2020

30 April 2020

Now that we are well and truly in the midst of the coronavirus, most of the top law  firms in the UK have declared their hand in dealing with partner pay, promotions, employee salaries and furlough.
 

Publicly at least, they are largely giving out a similar message – that in order to safeguard the business for the future they are acting responsibly. Partners pay outs are being deferred, drawings are being reduced by as much as 20% to 40% in some cases, salary reviews are being put on hold and bonuses frozen across the board.

Some are taking advantage of the Government’s furlough scheme on a limited basis, mostly for non-fee earners. On the whole, the impression they are seeking to create is that everyone is “in this together”, as we prepare to face the inevitable economic fall-out brought about by what may become a significantly extended “lock-down” period.

But what of the future? Sad to say it, but how long before those whose practices have held, or even remain buoyant, start to ask whether it is right that partners across all areas take an equal “hit” to their drawings?

Will those in particular demand be content to have an ongoing income squeeze to support those whose practice areas are less so, or those whose mainstay is to look after businesses that in spite of furlough and the Government’s Coronavirus Business Interruption Loan Scheme, begin to fail?

This is a very difficult issue. As firms get over the initial shock of coping with this unexpectedly grave pandemic, we may start to see a differentiation in approach – between different areas of practice and individuals. Management may start to formulate their vision for the shape of the firm post COVID-19 and as part of that process they may consider the position of their various departments. That in turn may lead them to consider the position of individual partners and their future value to the firm.

For partners who consider they may become vulnerable as a result, how are they to react? Unfortunately, they may soon need to think carefully about what strategies to employ. Ultimately if it comes to it, how would they deal with a “conversation” with the managing partner should there come to be one?

First, there are all the working arrangement alternatives to be considered and potentially put forward, such as part-time or flexible working (on a temporary or permanent basis) or a change in status. These may produce a win-win situation for the firm and the partner.

But if that is not going to work how should they prepare? As a start, they should be reviewing carefully the terms of their LLP Agreement to see what rights they have. Relevant notice periods and the right, for example, to raise an internal grievance or appeal, and if so how, and in what time-scale are important.

Keeping a close eye on personal finances and what change is feasible and what is not, is another. What would they want to do outside the firm if it comes to that, and how do the firm’s restrictive covenants impinge upon their ability to pursue such activities?

If a number of partners are asked to move on at one moment in time, might it be permitted for some to do so together (despite what it may say in their LLP Agreement), and how would that subject best be broached with the firm?

If partners are asked to take a cut to their drawings, and they are subsequently asked to leave the firm, would any termination arrangements be on the basis of their then current draw, or would the package be made referable to the position before they agreed to any rearrangement?

What of the obligation to repay capital and how does that dovetail with the loan they may have been taken out to fund it? Does this raise issues because of the current cash position of the firm?

Of course we all hope law firms will survive well this current maelstrom, and that there will be no fracturing amongst the partners as a whole whilst they see out this crisis.

But if that proves not to be the case, partners need to do what they would advise their own clients to do, namely be well prepared and light on their feet to steer themselves out of this unfolding drama in the best way possible so as to regroup and bounce back in the future when we all return to some semblance of normality.

This article was first published in Legal Week on 27 April 2020: How can partners prepare for a post COVID-19 firm cull?


Further Information

If you would like any further information or advice about the issues explored in this blog, please contact Richard Fox or another member of our employment team.

 

Latest blogs & news

Regulatory compliance, trust and confidence in the financial services sector

In a case that attracted national media coverage and emphasises the crucial importance of regulatory compliance and the highest standards of professional conduct in the financial services sector, the High Court dismissed a breach of contract claim brought by an investment manager.

Keeping the crypto market on its toes? The FCA publishes latest cryptoasset consumer research and takes regulatory action against Binance Markets Limited

For the fourth year the FCA has published research on the changing relationship between consumers and cryptoassets. In spite of the pandemic, the strong upward trend in public engagement and media coverage has continued, with the FCA estimating 2.3 million adults now hold cryptoassets.

The discontinuation of LIBOR and phasing in of SONIA in the Sterling Markets, what do we know so far?

Global financial markets are preparing to transition away from the use of the London Interbank Offered Rate (“LIBOR”) and adopt an appropriate alternative risk free rate (“RFR”) by the end of 2021. What are the reasons for the move away from LIBOR, the progress to date in terms of identifying the Sterling Overnight Index Average (“SONIA”) as the most appropriate alternative rate in the Sterling markets, and the steps still required to be taken to ensure such markets are ready for the phasing out of LIBOR by the end of the year

Breach of 2002 banking undertakings - the CMA writes to Danske Bank

At the end of last month, the Competition and Markets Authority (CMA) published a letter written to Danske Bank concerning its breach of the Small and Medium-sized Enterprise (SME) Banking Behavioural Undertakings 2002, following loans it had offered under the ‘Bounce Back Loan Scheme’.

Time’s up: Deadline passes for crypto firms to register with the FCA

As of 10 January 2021, all cryptoasset firms are required to be registered with the Financial Conduct Authority (FCA) under the Money Laundering Regulations.

FCA sets expectations for firms to record communications when working from home

FCA focuses on risks associated with unmonitored communications, including the use of unencrypted apps, such as WhatsApp, for sharing potentially sensitive or confidential information when working from home.

First anniversary of the extension of the Senior Managers & Certification Regime

As we near the first anniversary of the extension of the Senior Managers & Certification Regime (SM&CR) to solo-regulated FCA firms, the first round of annual fitness and propriety assessments will be topping the to-do lists of many compliance professionals.

The Holiday is Over: Will the FCA’s efforts to support homeowners after the mortgage payment holiday be enough?

One of the impacts of the Covid-19 pandemic is that national income has fallen dramatically. In response to concerns from homeowners unable to meet their mortgage repayment requirements due to a drop in income, the Treasury and Financial Conduct Authority announced a ‘mortgage payment holiday’. This was the result of banks agreeing to allow mortgage-holders suffering from a drop in income to pause their repayments. A ban on home repossessions was put in place at the same time

Non-financial misconduct is misconduct, plain and simple

The FCA announced on 5 November that it has banned three individuals from working in the financial services industry for non-financial misconduct.

Fitness and propriety investigations: practical considerations

How should regulated firms respond when issues come to light which call into question the fitness and propriety of a member of staff? In the second part of their series of fitness and propriety blogs, Jill Lorimer and Nick Ralph consider best practice. You can read the first part of the series by clicking here.

FCA issues new guidance on fitness and propriety assessments in the financial services sector

The Financial Conduct Authority (“FCA”) has recently provided information to their regulated firms as to good and bad practice relating to, amongst other things, the carrying out of fitness and propriety (“F&P”) assessments.

The new cryptoasset promotions consultation: widening the perimeter of FCA regulation

Research recently undertaken by the FCA has found that 5.35% of the UK population hold (or have previously held) cryptoassets where in 2019 this figure was 3%. For several years now the Government, the Bank of England and the FCA have been consulting on and considering how best to regulate this burgeoning market.

Inappropriate behaviour - when the past is not left in the past

The news that Stephen Jones, head of UK Finance, has quit over "thoroughly unpleasant" personal comments he made in 2008 about financier Amanda Staveley, is a stark reminder to executives that their past behaviour may one day come back to haunt them.

Who’d be a Whistle Blower?

The indications are that an increasing number of individuals are coming forward, particularly in the financial services sector, to call out wrongdoing.  

Your legal rights on returning to work during COVID-19

Whilst the prime minister's broadcast on 10 May did not open the floodgates to City employers requiring staff to "return to work" enmasse, most firms are already drawing up plans for how that should be organised and many of us will have been thinking about what will happen when employers start to update their 'work from home' advice.

Redundancy because of COVID-19 - top 10 tips for senior executives negotiating an exit

Coronavirus (COVID-19) is having an undeniably serious impact on businesses and the global economy. Everyone has been affected in some way.  Sadly, the looming financial crash means that many businesses have been impacted to the extent that they will have to put cost-cutting measures in place in the near and mid-term future.  For some individuals this will result in their role being put at risk of redundancy.

Partners' future under spotlight during crisis

In a startling opening to a recent Newsnight, presenter Emily Maitlis began with the words “They tell us Coronavirus is a great leveller. It’s not. It's much harder if you’re poor."

How can partners prepare for a post COVID-19 firm cull?

Partners need to do what they would advise their own clients to do: be well prepared.

Taking a pay cut - is it the right thing to do?

The moral arguments may well still apply but where salaries are less stellar, there may be more for an individual to lose on a relative basis and thornier issues to weigh on a practical level.

Legal rights if you're made to work in the office during COVID-19

While plenty of people in all sectors are now working from home, designated key workers in the financial services industry are still being forced to go to work.

COVID-19 related insights:

COVID-19 related insights:

Our COVID-19 statement

We recognise that these unique times are presenting unprecedented challenges for our clients and we are here to support you in any way we can.

Click to view

Can you get out of or suspend a contract because of Coronavirus?

Alex Torpey covers the key things to look out for if you are relying on the Force Majeure clause.

Watch the video on LinkedIn

Overcoming the challenges of co-parenting for separated and divorced parents

Rachel Freeman, Partner in our Family Law team, addresses some issues that we are seeing arise for separated parents in the current crisis.

Read the blog

Tech in Two Minutes - Episode 7 - The Coronavirus challenge for tech coworking spaces

Andrew Solomon speaks about the challenge for tech companies and coworking spaces during the current COVID-19 pandemic.

Listen to the podcast

The legal basis for lockdown

Alun Milford, Partner in our Criminal Litigation team, provides an in-depth look at the legal basis behind the current lockdown.

Read the blog

Managing your Migrant workforce in the COVID-19 crisis

On Friday 3 April, immigration partner and head of department, Nick Rollason, hosted a webinar looking at urgent issues employers are facing during the COVID-19 crisis and answered some of the key questions being raised.

Watch the webinar recording

Furlough leave and the Coronavirus Job Retention Scheme: key legal considerations for Employers

On Thursday 9 April, Andreas White, Partner in our Employment Law Team, delivered an overview of the scheme with a focus of the key legal issues for UK employers.

Watch the webinar recording

Coronavirus and the perils of signing your Will

Will instructions have apparently risen by 30% since COVID-19 reached our shores. What effect does COVID-19 have on Will signings? James Ward and Diva Shah in our Private Client team blog.

Read the blog

The juggling act of a single mother, home school teacher and head of a family team

Charlotte Bradley, Head of our Family Law Team, reflects on how the COVID-19 crisis has affected working parents like her.

Read the blog

The future public inquiry into COVID-19

Calls for a public inquiry are continuing to mount and are likely to prove difficult to resist. In this blog, Sophie Kemp considers the framework for such inquiries, and the key issues likely to form the core of its terms of reference.

Read the blog

Share insightLinkedIn Twitter Facebook Email to a friend Print

Email this page to a friend

We welcome views and opinions about the issues raised in this blog. Should you require specific advice in relation to personal circumstances, please use the form on the contact page.

Leave a comment

You may also be interested in:

Skip to content Home About Us Insights Services Contact Accessibility