Stephen ten Hove
Partner
Employment
Stephen’s work for his clients covers all aspects of Employment Law, both contentious and non-contentious; the law relating to partnerships and shareholders, and the recovery of the proceeds of fraud. He acts primarily, but not exclusively, for employers and companies.
Although he usually hopes to keep his clients out of court, his contentious work includes regular Senior Court litigation to enforce post termination restrictions and obligations of confidentiality, or to defend their alleged breach; bringing and defending claims for bonus and commission; bringing and defending claims of Unfair Prejudice under the Companies Act 2006 and recovering the proceeds of frauds against companies and partnerships. He regularly appears in the Employment Tribunals in claims of unfair dismissal, discrimination and worker status. Stephen was an advocate in the first reported case to consider the 2006 TUPE Regulations, and another of his cases was the subject of a leader article in the Times.
His non-contentious work includes drafting contracts of employment and incentive schemes for senior employees. He has particular expertise in post-termination restrictions, their effectiveness, and enforcement, and both advises his clients on their existing PTRs as well as drafts and implements new ones. He provides guidance on shareholders’ agreements, structures proposed TUPE transfers, and drafts the relevant contractual terms.
With many years of experience dealing with issues of worker status and laws applicable to recruitment businesses and agencies, he was consulted by the (then) Department of Trade and Industry during the drafting of the Conduct of Employment Agencies etc. Regulations 2003. Stephen regularly advises his recruitment clients on the aspects of employment law that apply, uniquely, to them and regularly drafts terms and conditions for the supply of permanent and temporary agency candidates. He also advises professional services clients such as architects and designers on the term of their consultancy agreements with their clients in the construction sector.
Stephen qualified as a solicitor in 1990.
Work highlights
OFFICE ANGELS LIMITED V RAINER-THOMAS
Court of Appeal –Â the proper extent of an area restriction in a non-compete restriction
EL-DIN TAWFICK V AL-SAUD
High Court –Â the circumstances in which a valuable reward is payable to a retainer
KEANE V INVESTIGO AND OTHERS
Employment Appeal Tribunal – in a claim of discrimination, no detriment is suffered when an applicant is turned down for a job they did not intend to accept. Stephen secured for his client what was then the highest award of costs in favour of an employer in Employment Tribunal history
NIKSUN V HILLS
Court of Appeal – the proper extent of an employer’s discretion when paying both bonus and commission
RELFO LIMITED V VARSANI (AND OTHERS)
Court of Appeal – the availability of the remedy of restitution when applied against a director who had allegedly paid company monies to himself prior to its liquidation
Services
Recent articles
Podcasts
In this episode, our Employment team discuss the latest update on the retained EU law bill and the government’s proposals providing for changes to UK employment laws in respect of working time regulations, which is set to come into force on 1 January 2024.
22/11/2023
Podcasts
In this latest episode, our Employment Law experts discuss the recent government announcements in relation to the retained law arrangements and some so-called sunset clauses.
30/05/2023
Podcasts
In this latest episode, our Employment Law experts discuss the retained EU law revocation and reform bill, and how this will impact UK employment law and HR practitioners
04/05/2023
Videos
From challenging the call for industrial action to scrutinising the balloting process, we offer clarity on employers' options and responsibilities
10/11/2022