Victoria Regan

Victoria is a highly experienced Employment lawyer and a senior member of the Rix & Kay’s Employment Team. She works with clients in Sussex and Kent, and across the South East, assisting both employers and employees. She has a reputation for finding solutions to suit client’s needs, with her deep insight, commercial nous and tactical ability.

Victoria’s clients

Victoria supports a wide range of businesses from new business start-ups through to businesses with hundreds of employees. She provides advice to Directors and HR Managers to suit their requirements providing ongoing support, both operationally and strategically, and ensuring that they have the correct documentation in place Victoria also advises upon post termination restrictions and breach of contract. Victoria also advises employees and Senior Directors in boardroom disputes, exit packages, and settlement agreements as well as shareholder/employee and quasi-partnership disputes.

Victoria is highly experienced in employment tribunal matters, advising individuals in bringing claims and businesses in defending  claims, the Acas Early Conciliation process, through to preliminary and final hearings.

Victoria works closely with the firm’s Corporate and Commercial Team in advising in respect of all employment aspects in respect of share and asset purchases and MBO’s and pre-pack agreements, inclusive of advising upon TUPE issues, and advising on due diligence, indemnities and warranties and preparing director service agreements, consultancy agreements and settlement agreements in transactions.

Experience and approach

Victoria has over 18 years of experience in specialising in Employment Law and enjoys keeping up to date with such a dynamic area of law. As well as having extensive knowledge and experience in advising clients on all aspects of employment law, she has also brought claims in the employment tribunals, employment appeal tribunal and the Supreme Court which have resulted in notable changes to case law as a direct result.

Victoria aims to provide tailored advice to each individual client’s needs to find a pragmatic and commercial solution to each situation. Central to that, is her approach to regularly reviewing and providing the essential documentation for her clients, such as contracts and handbooks to help them to keep on the right track.

Victoria also provides regular webinars and seminars for clients, contacts and referrers and presents across the South East at regional conferences and has developed a reputation as a leading voice on employee mental health and wellbeing in the workplace, including WayfinderWoman Work and Wellbeing Day 2020; Sussex Mental Health Care Homes Network; Lets Do Business, Uckfield Chamber of Commerce and Building Sussex Connections Construction. She also produces regular legal updates, blogs and employment literature and has written for leading legal journals, such as the New Law Journal. She is a regular speaker at conferences and has appeared on television advising on current employment stories for BBC South East news.

Victoria is also part of a team responsible for developing the firm’s new five-year strategic plan.

Employment Areas of expertise

• Employment contracts, Director Service Agreements, staff handbooks/policies and consultancy agreements and consultancy contracts via service companies
• Disciplinary, grievance and capability issues
• Sickness, mental health and disability
• Bullying and harassment
• Redundancy and reorganisation
• Employment and TUPE issues arising from business transactions and outsourcing.
• Family related issues and discrimination
• Unfair, wrongful and constructive dismissal
• Restrictive covenants, undertakings and enforcement
• Variation of contract and breach of contract
• Anti-slavery and human trafficking policies and documentation
• GDPR and data protection
• Whilstleblowing
• Senior Director and shareholder disputes and exits
• Severance packages and settlement agreements

Victoria’s work

Employment Tribunals

Victoria has successfully defended, and pursued, a range of unfair dismissal, constructive dismissal, breach of contract, entitlement to redundancy payments, whistleblowing, sex and maternity related discrimination and disability claims in the Employment Tribunal, Employment Appeal tribunal and the Supreme Court.

She was successful in bringing a multi-party claim in the employment tribunal through to the Supreme Court, relating to complex issues involving changes to terms and conditions, breach of contract and dismissal due to a business transfer (TUPE). This case, Hazel & Huggins v Manchester College, remains the leading authority on all subsequent employment tribunal cases dealing with these issues.

Employment Matters

Employment documentation and Status

Victoria advised numerous companies in ensuring that their contracts and policy documentation is correct and in line with the Good Work Plan and GDPR requirements. She also advises on employment status of employees, workers and consultants and IR35 issues. She has also guided employers throughout the Covid-19 pandemic, in respect of furlough, the CJRS and preparing for returning to work and homeworking.

Post-termination restrictions/Restrictive convenants

Victoria has defended several companies in defending claims against made against them from former employers as well as acted in enforcing post-termination restrictions against departing employees who breach them, including undertakings and injunction applications in the High Court of Justice.

Director Disputes and disciplinary proceedings

Victoria has advised businesses in dealing with serious misconduct, and disputes, of Directors and senior employees, in cases involving theft, breach of director duties and gross misconduct, unfair prejudice allegations, health and safety breaches and dealing with matters whilst there are ongoing criminal proceedings or sickness absence.

Sickness absence, disability and mental health

Victoria has advised business clients in dealing with absence and in seeking medical evidence to establish the medical position and prognosis. She has dealt with capability processes, advising on disability issues and reasonable adjustments to be made in the workplace and assisting employers on how to support employees with mental ill-health and how to approach and discuss this with them.

TUPE & Service Provision Change

Victoria regularly advises on TUPE aspects in business sales and purchases and service provision changes, dealing with employee information, informing and consultation of employees as well as situations with employees of over of 20 or more to deal with changes to terms and conditions, inclusive of the election of representatives and the ballot process. She also advises on the assignment of employees in the event of a service provision change and when this is disputed.

Corporate sales and purchases and MBO’s

Victoria deals with all employment aspects and employee due diligence in share and assets sales and purchases of business. These have included the sale of Parker Building Supplies, a £67 million turnover independent builders’ merchant; the sale of Fairalls Building merchants; the majority share sale of Construct to Melbourne-based Online Education Services; the sale of Independence Homes Limited and Michael Hannah Limited which provides residential and supported living services across London and the South East;  the sale of magazines in aviation, automotive and transport and entertainment to a London based Media Company; and advising the incoming management team on a management buyout on the acquisition of a supplier of beauty products in the UK and Europe.

Victoria has also assisted in transactions acting on behalf of the purchasers of companies from administrators and subject to pre-pack arrangements.

What Victoria’s clients say

“Victoria Regan delivers. She does what she says she will do. When we needed help reviewing contracts of employment her knowledgeable input was hugely valuable. Her participation in the recent Rix & Kay webinar series was particularly noteworthy – she came across as lucid, informed and engaging – great attributes for public speaking!”

Rix & Kay recognised for providing cutting edge and innovative advice

The service I received was a huge help as I did not know what I needed to do with regard to a settlement agreement. Victoria helped me through each step, was thorough and supportive and extremely professional. Victoria lead me the whole way she was fantastic.

Anonymous, Client Review

Victoria Regan was fantastic and very easy to deal with. She is knowledgeable, understanding and friendly. Explained everything comprehensively and got me a great result. I highly recommend Rix & Kay and Victoria Regan.

David Coleman, Client Review

I would highly recommend using Victoria Regan at Rix & Kay for any employment matters. She has just dealt with a case for me and I cannot fault her one bit. She made my experience at Rix & Kay very pleasant.

Anonymous, Client Review

Thank you for your help on this delicate matter, I feel we had a great result. Having received an unexpected restrictive covenant letter from a new employee’s previous employers, Rix & Kay managed to guide us through what was a very sticky situation to a successful conclusion, I will 100% use their services again.

Grassmate Limited, Client Review