Legal Notice

FisherBroyles UK LLP (“FisherBroyles UK”) is a limited liability partnership registered in England, with registered number OC426505, and which practices from 1 Ropemaker Street, London, EC2Y 9HT. A list of members of FisherBroyles UK is available for inspection at that address. FisherBroyles UK is connected with its affiliate in the US, FisherBroyles LLP, although they are two separate legal entities. The word “partner” denotes a member of FisherBroyles UK or an employee or consultant with equivalent standing and qualifications.

FisherBroyles UK is authorised and regulated by the Solicitors Regulation Authority of England (“SRA”) with the SRA number 658162. The SRA Standards & Regulations 2019 set out our professional and ethical rules and obligations (including the SRA Codes of Conduct and SRA Accounts Rules) and can be viewed at www.sra.org.uk.

Information for our clients

We have set out below some additional information which we are obliged to provide to clients (as provided for in our standard Terms of Business).

Professional Indemnity Insurance

Pursuant to the disclosure requirements of the Provision of Services Regulations 2009, our primary layer professional indemnity insurer is Sompo International Insurance, 2 Minster Ct, Billingsgate, London, EC3R 7BB.

Financial Services and Markets Act 2000

Any advice which we provide is restricted to legal advice. We do not advise on the merits of financial products or investment transactions. No communication from us should be considered to be an invitation for you to engage in any kind of regulated investment activity.

We are not authorised by the Financial Conduct Authority (the “FCA”) under the Financial Services and Markets Act 2000 (the “FSMA”). However, as noted above, FisherBroyles UK is authorised and regulated by the SRA. The Law Society is a designated professional body for the purposes of FSMA, but responsibility for regulation and complaints handling has been separated from the Law Society’s representative functions. The SRA is the independent regulatory body of the Law Society and the Legal Ombudsman deals with complaints about lawyers registered in England and Wales. In light of this, we can provide investment-related services (including insurance distribution activities) if they are an incidental part of the professional services we have been instructed to provide, if they can reasonably be regarded as a necessary part of our professional services or if we are otherwise permitted to provide them under FSMA.

For the purpose of insurance distribution activities (broadly, advising on, selling and the administration of insurance contracts), we are listed on a register maintained by the FCA and are permitted by the FCA to carry on insurance distribution activities. This register can be accessed via the FCA website at www.fca.org.uk/register.

Anti-money laundering

We may require clients to provide documents and information concerning the contracting client entity and related persons, entities or affiliates as set out, in order to comply with relevant anti-money laundering laws and regulations. We may be prevented from carrying out your instructions if we are unable to meet our requirements, which often include verifying the identities of your ultimate beneficial owners.

Where we have reasonable evidence to know or suspect that a transaction involves criminal proceeds, we may be required by law to make a disclosure, of otherwise confidential information, to the National Crime Agency (“NCA”). In this event, and where we have determined that is necessary to make a disclosure, we may not be able to inform you that a disclosure has been made or the reasons for it, and we may in such circumstances have to cease acting for you. We will tell you about any potential money laundering problem and explain what actions we may need to take but only where the law permits us to do so. We shall have no liability to you in relation to our duties to comply with such legislation.

Consumer Contracts Regulations 2013

If you have instructed us as an individual to act for you in your personal capacity (not in any business or professional capacity), under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have a 14-day cooling-off period during which you may decide to cancel your contract with us. If you expect us to provide advice and services during that 14-day period but also wish to cancel your contract during that period, you agree that you will be liable for any fees or expenses chargeable for legal advice and services incurred up to and including the date of cancellation. If you would like further information, including a template cancellation form, please contact us. Alternatively, any request to cancel your contract for the supply of our legal services in respect of your matter should be provided to us clearly in writing to the attention of the person with whom you are working or corresponding without delay.

Anti-bribery and corruption

It is our policy to always act in accordance with the highest professional, ethical and business standards, and we expect the same from our clients and their related persons, entities or affiliates. We have a zero-tolerance approach to bribery or corruption and you agree not to expect or request any conduct from us that might bring our name into disrepute or compromise our integrity and independence and that you or your related persons, entities or affiliates will refrain from any practices involving bribery or any other corrupt activities.

Client audit and reference requests

Whilst we are not obliged to, we may at our discretion, respond to reasonable requests for information from a corporate client’s auditors if the directors of the company authorise us in writing to do so.

Any response we provide will be in accordance with the Law Society’s guidelines for dealing with audit letters. We will confirm the amount of any costs and expenses which are due to us, whether we are holding documents and, if so, whether they are held by us as security for our own costs. Non-specific enquires as to our awareness or otherwise of contingent liabilities or litigation or breach or potential breach of regulations and rules relating to the client’s business will not be answered. Where the directors have in writing estimated the amount of such liabilities on a specific matter in respect of which we are instructed, we may be prepared to comment upon the directors’ estimate if the directors so request. The time we spend responding to an audit letter will be charged at the appropriate hourly rate. We do not provide bank or other references.

Managing complaints

If you wish to make a complaint about FisherBroyles UK then, in the first instance, please contact the person with whom you are working or corresponding to set out your concerns. We will do our best to resolve any issues at this stage and, if applicable, will confirm our complaints handling procedure in writing (which is available to clients at any time on request).

If you are not satisfied with our attempt to handle and resolve matters, you may be able to ask the Legal Ombudsman to consider the issue (write to: PO Box 6806, Wolverhampton, WV1 9WJ; or email: [email protected]; or phone 0300 555 0333). Any such complaint to the Legal Ombudsman should be done within six months of our final response to your complaint and within one year of the act or omission that caused the complaint or, if outside this period, within one year of when you should reasonably have known about the relevant act or omission.

The Legal Ombudsman may refer your complaint to the SRA if they are not the correct body to consider the matter, as the Legal Ombudsman’s services are only available for certain types of complaints and complainants. For full details, please see:

https://www.legalombudsman.org.uk/make-a-complaint/ and https://www.sra.org.uk/consumers/problems/report-solicitor.page.

Note also that if you are a client and your complaint is about our invoices, you may also apply to the court for an assessment of the bill under Part III of the Solicitors’ Act 1974. If all or part of any bill remains unpaid, we may be entitled to charge interest.

VAT Registration

FisherBroyles UK is registered for VAT purposes under number 334 6277 94.

Our website uses cookies. To learn more about the cookies we use and how to disable them please view our Cookie Policy in the below Cookies Policy FisherBroyles UK LLP Website.

This Privacy Notice (“Notice”) describes how FisherBroyles collects and uses your Personal Data in accordance with the United Kingdom General Data Protection Regulation (“GDPR”). It also demonstrates compliance with the principles and obligations of the EU General Data Protection Regulation.

This Notice tells you what Personal Data FisherBroyles collects, why we need it, how we use it and what protections are in place to keep it secure.

Please note that FisherBroyles LLP, our separate but affiliated law firm in the US, has a separate website Privacy Policy.

Key Terms

“FisherBroyles”, “we”, “us” and “our” means FisherBroyles UK LLP and also to its affiliate in the US, FisherBroyles LLP, to the extent that it is subject to the GDPR.

“FisherBroyles Personnel” means FisherBroyles’ prospective, present and past partners, employees, consultants and agency staff, and people connected to such persons.

“Personal Data” means information about individuals (including you), and from which such individuals could be identified.

“You” means individuals whose Personal Data we process including, but not limited to FisherBroyles clients, FisherBroyles client personnel, counter-parties, counter-party personnel, other solicitors/advisors, witnesses, suppliers, supplier personnel, job applicants and individuals to whom we send marketing communications.

Data Controller

FisherBroyles is the Data Controller in relation to your Personal Data and is committed to protecting the privacy rights of individuals, including your rights.

Data Protection Manager

FisherBroyles is not required under the GDPR to appoint a Data Protection Officer and does not consider it appropriate to do so on a voluntary basis. Neither is FisherBroyles required to appoint an EU Representative under Article 27 of the EU General Data Protection Regulation.

FisherBroyles has however appointed a Data Protection Manager (“DPM”), Michael Pierson, who is responsible for overseeing FisherBroyles’ compliance with the GDPR and any other applicable data protection legislation and regulation.

The DPM can be contacted at [email protected].

In addition, our Compliance Officer for Legal Practice (“COLP”) oversees compliance with our professional responsibilities and with legislative requirements.

How does FisherBroyles obtain your Personal Data?

In some circumstances, we may obtain your Personal Data from you directly but, more typically, we will obtain your Personal Data from a third-party source, for example, we may collect information from our clients/our clients’ personnel, agents and advisers, other law firms/advisers which represent you, the company for whom you work, other organisations/persons with whom you have dealings, government agencies, credit reporting agencies, recruitment agencies, information or service providers and publicly available records.

What about Personal Data which you provide to FisherBroyles?

If you provide information to us about someone else (such as one of your associates, directors or employees, or someone with whom you have business dealings) you must ensure that you are entitled to disclose that information to us and that, without our taking any further steps, we may process that information in accordance with this Notice.

What Personal Data does FisherBroyles collect from and about you?

We collect and use different types of Personal Data about you, which will vary in type and detail depending on the circumstances and purpose of processing. Please consider the following illustrative and non-exhaustive examples:

• Personal Data about you: name, address, date of birth, marital status, nationality, race, gender, preferred language, job title, work life and restrictions and/or required accommodations, possibly about your family life;
• Personal Data to contact you at work or home: name, address, telephone, and e-mail addresses;
• Personal Data which may identify you: photographs and video, passport and/or driving license details, electronic signatures; and
• Personal Data to process any payment we might need to make to you: bank account details, HMRC numbers and references (where applicable).

Why do we need to collect and use your Personal Data?

We need to collect and use your Personal Data for a number of reasons, the primary purpose being to provide legal advice and services to our clients and which may involve the use of your Personal Data in the following (non-exhaustive) ways:

• to contact you if you are involved in a matter we are undertaking for a client, whether in your professional or personal capacity;
• to carry out investigations, risk assessments and client due diligence;
• to analyse the practices of your employer or other organisations and/or persons with whom you have dealings;
• to review, draft and disclose correspondence and other documents, including court documents;
• to instruct third-parties on behalf of our clients; and
• for comparison/analytical purposes and to formulate legal opinions and provide advice.

We may also process your Personal Data for effective business management purposes which may involve the use of your Personal Data in the following (non-exhaustive) ways:

• to engage and contact suppliers;
• to carry out internal reviews, investigations, audits;
• to conduct business reporting and analytics;
• to advertise and market the services that we provide;
• to help measure performance and improve our services;
• for recruitment purposes;
• for regulatory and legislative compliance and related reporting; and
• for the prevention and detection of crime.

What is FisherBroyles’ legal basis for processing your Personal Data?

Under the GDPR, FisherBroyles must identify a lawful basis for processing your Personal Data which may vary according to the type of Personal Data processed and the individual to whom it relates.

• Performance of a contract with you (where applicable):

FisherBroyles is entitled to process the Personal Data it requires in order to fulfil its obligations under its contract with you. This will be the relevant legal basis if you are an individual client or supplier/other individual with a direct contractual relationship with FisherBroyles.

• Legitimate interests of FisherBroyles or a third-party:

FisherBroyles processes some of your Personal Data on the basis that it is in its legitimate interests and/or the legitimate interests of a third-party to do so. This will primarily concern the processing of Personal Data that is necessary to provide legal advice and services to our clients. FisherBroyles’ legitimate business interest in such instances is the proper performance of its function as an authorised and regulated provider of legal services. FisherBroyles’ clients’ also have a legitimate interest (and more general right in law) in obtaining legal advice and services.

FisherBroyles’ broad interest in the provision of legal services as a basis for processing your Personal Data, and our clients’ corollary interest in the receipt of such services, can be broken down into more discreet categories which may include, but are not limited, to:

• the interest in contacting individuals relevant to FisherBroyles’ work and our clients’ matters, which may involve the use of your Personal Data;
• the interest in reviewing documents and correspondence that have been disclosed to FisherBroyles, FisherBroyles clients and third-parties which may contain your Personal Data;
• the interest in reviewing and analysing all evidence available to FisherBroyles and its clients, which may contain your Personal Data;
• the interest in adducing legal arguments, creating documents and correspondence, which may contain your Personal Data;
• the interest in disclosing documents and correspondence, which may contain your Personal Data, to various parties in the furtherance of FisherBroyles’ clients’ objectives;
• the interest in instructing third-parties on behalf of FisherBroyles clients;
• the interest in receiving payment from FisherBroyles clients and third-parties and to facilitate payments to and from FisherBroyles clients and third-parties; and
• in order to allow for all of the above, the secure management and storage of your Personal Data, within our IT environment and hard-copy filing systems.

FisherBroyles may also process your Personal Data on the basis that it is necessary for its legitimate business interests in the effective management and running of FisherBroyles which may include, but is not limited to: engaging suppliers and supplier personnel; ensuring that its systems and premises are secure and running efficiently; for regulatory and legislative compliance, and related auditing and reporting; for insurance purposes; for recruitment/hiring purposes; for marketing purposes; and to facilitate, make and receive payments.

FisherBroyles does not consider that the processing of your Personal Data, on the basis that it is within FisherBroyles’ legitimate interests (whatever such interests might be), is unwarranted because of any prejudicial effect on your rights and freedoms or your legitimate interests.

• Compliance with a legal obligation to which FisherBroyles is subject:

In certain circumstances, FisherBroyles must process your Personal Data in order to comply with its legal obligations. This might include, but is not limited to, Personal Data required: for tax and accounting purposes; for conflict checking purposes as required by the common law and FisherBroyles’ regulators; and for FisherBroyles to fulfil its compliance and other obligations under relevant legislation/regulation.

More information relating to legal bases for processing Personal Data can be found on the Information Commissioner’s website (see details below) or by contacting us.

Special category and criminal records Personal Data

If FisherBroyles processes your criminal records Personal Data or special category Personal Data relating to your racial or ethnic origin, political opinions, religious and philosophical beliefs, trade union membership, health data, biometric data or sexual orientation, we will obtain your explicit consent to those activities unless this is not required by law (because, for example, it is processed for the purpose of exercising or defending legal claims) or the information is required to protect your health in an emergency. Where we are processing Personal Data based on your consent, you have the right to withdraw that consent at any time.

Direct Marketing

We may use your contact details to send you marketing materials, provided we are permitted to do so by law. You always have the right to unsubscribe from any marketing. You can do so by clicking on the relevant link in the next email we send you, or by contacting the DPM using the details provided.

Who receives your Personal Data?

We may disclose your Personal Data to third-parties (outside of FisherBroyles and FisherBroyles Personnel) if, but only when, we have a legal basis to do. Such recipients include but are not limited to: co-counsel, other solicitors/barristers/experts/foreign law firms whom we instruct on your behalf; FisherBroyles’ insurance brokers and underwriters; FisherBroyles’ bank, auditors and accountants; FisherBroyles’ outsourced IT providers and other suppliers; HMRC; the Solicitors Regulation Authority; the Law Society; the Home Office and Passport Services; the other side/other parties on any given matter (lay and solicitor).

How do we protect your Personal Data?

We have security arrangements in place to guard against unauthorised access, improper use, alteration, destruction or accidental loss of your Personal Data. We take appropriate organisational and technical security measures and have rules and procedures in place to ensure that any Personal Data we hold is not accessed by anyone unauthorised to access it. We have in place, and abide by, a specific information security policy about the security standards used to protect your Personal Data.

When we use third-party organisations to process your Personal Data on our behalf, they must also have appropriate security arrangements, must comply with our contractual requirements and instructions and must ensure compliance with the GDPR and any other relevant data protection legislation.

Is your Personal Data transferred to “third countries” and, if so, what safeguards are in place?

In accordance with this Notice and the provisions of the GDPR, we may transfer your Personal Data to organisations located in “third countries” (those outside of the UK). In addition to the security arrangements mentioned above in relation to our engagement of third-party organisations, where such transfers are required we will ensure that your Personal Data is adequately protected, for example, by using a contract for the transfer which contains specific data protection provisions.

The transfer of your Personal Data to our separated but affiliated law firm in the US, FisherBroyles LLP, will constitute a transfer to a “third country” and, accordingly, the relevant entities have contracted on such a basis. If you wish to see a copy of these contractual clauses please contact the DPM.

How long will your Personal Data be retained by FisherBroyles?

It is our policy to retain your Personal Data for the length of time required for the specific purposes for which it is processed by FisherBroyles and which are set out in this Notice. However, we may be obliged to keep your Personal Data for a longer period, for example, where required by our legal and regulatory obligations or in order to ensure we have effective back-up systems. In such cases, we will ensure that your Personal Data will continue to be treated in accordance with this Notice, restrict access to any archived Personal Data and ensure that all Personal Data is held securely and kept confidential.

What are your rights?

The GDPR generally affords individuals a right to access their Personal Data, to object to the processing of their Personal Data, to rectify, to erase, to restrict and to port their Personal Data.

We have specific procedures in place in relation to Subject Access Requests (“SARs”) that you may be entitled to make. Put simply, a SAR is a request made by you which requires us to provide you with details of your Personal Data which we hold and process and a description of how we process it. Any questions or requests should be put in writing to us.

There are exceptions to the rights of individuals in relation to their Personal Data and, particularly when we are processing your Personal Data for the purpose of providing legal advice to our clients, your rights may be limited. We will, at all times, respect your Personal Data and seek to be as transparent as possible but please be aware that, in some instances, we may be restricted from even acknowledging that we process your Personal Data.

How to make a complaint

If you are unhappy with the information provided in this Notice or have concerns about the way in which FisherBroyles processes your Personal Data you may in the first instance contact the DPM, and if you remain dissatisfied then you may apply directly to the Information Commissioner for a decision. The Information Commissioner can be contacted at: –

Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF www.ico.org.uk

The use of Cookies at FisherBroyles

At FisherBroyles UK LLP (“FisherBroyles”, “we”, “us”, “our”, the “Firm”), we use cookies to help run our website and improve functionality in a way that is consistent with our Privacy Notice. This Cookies Policy provides information about when we use cookies and the purposes for which they are used.

What are Cookies?

Cookies are small files or other pieces of data which are downloaded or stored on your computer or other device, that can be tied to information about your use of our Site (including certain third-party services and features offered as part of our Site).  Examples of information of this type are your IP address, the browser you are using, the operating system you are using, and the pages on the Site that you visit.

Which Cookies do we use?

Our website does not third-party cookies. First-party cookies are set directly by the domain you are visiting. Third-party cookies are set by an external domain. For further details on the specific cookies used on our website, please see the relevant tables below.

Our website uses both session cookies and persistent cookies.

Session cookies allow you to navigate through our website remembering any information you enter and tracking your movements for that particular browsing session. These are temporary as session cookies are deleted automatically when you close your browser session.

Persistent cookies store information about your settings and preferences to enable more convenient access when you visit our website again in future. These cookies expire after a set duration. Further details on the lifespan of persistent cookies are provided in the relevant tables below.

Our website uses the following cookies:

• Analytics cookies – these help us tailor our website and monitor its effectiveness by collecting and reporting information on how you use our website.

Your Choices

All cookies in use on our website are aimed at enhancing performance but are not strictly essential for the website to operate. Therefore, we require your consent to allow these cookies to be used on our website and we hope that the information contained in this Cookies Policy enables you to make an informed decision on whether to allow this. Please note that if you do choose to disable all optional cookies, this may have adverse effects on your browsing session.

Please note that since our website uses third-party cookies, which are set by an external domain and not by us, your choices in relation to the use of these cookies can only be managed in your browser settings. For specific instructions on how to manage these settings, please visit the relevant link below:

• Google Chrome
• Internet Explorer
• Safari (desktop)
• Safari (mobile)
• Firefox

Diversity Statement

FisherBroyles UK, LLP is committed to creating an environment in which equality of opportunity is a reality for all members of staff where all individuals are able to make best use of their skills, free from discrimination or harassment, and where all decisions are based on merit.  We recently carried out an equality and diversity survey of our team and from the anonymous data that has been provided by them (team are free to decline to complete the survey or to choose “prefer not to say”), we have been able to conclude that they fall into the various protected characteristic types as defined by the Equality Act 2010 (sex, age, race, religion, sexual orientation, disability, etc.).

Due to the risk of team being identified through their anonymous data and reference to their staff profiles on our website we are unable to publish more specific details without breaching the Data Protection Act 2018.

Privacy Notice – FisherBroyles UK LLP Personnel

Scope

This Privacy Notice (“Notice”) describes how FisherBroyles UK LLP (“FisherBroyles UK”) collects and uses your Personal Data in accordance with the United Kingdom General Data Protection Regulation (“GDPR”).

Aims

This Notice tells you what Personal Data FisherBroyles collects, why we need it, how we use it and what protections are in place to keep it secure.

Key Terms

“FisherBroyles” “we” “us” and “our” mean FisherBroyles UK and its affiliate in the US, FisherBroyles LLP to the extent that it is subject to the GDPR.

“FisherBroyles Personnel” and “you” mean FisherBroyles’ prospective, present and past partners, employees, consultants and agency staff, and people connected to such persons.

“Personal Data” means information about individuals (including you), and from which such individuals could be identified.

Data Controller

FisherBroyles is the Data Controller in relation to FisherBroyles Personnel Personal Data and is committed to protecting the rights of those individuals.

Data Protection Manager

FisherBroyles is not required under the GDPR to appoint a Data Protection Officer and, following a detailed analysis does not consider it appropriate to do so on a voluntary basis.

Neither is FisherBroyles required to appoint an EU Representative under Article 27 of the EU General Data Protection Regulation.

FisherBroyles has however, appointed a Data Protection Manager, Michael Pierson, who is responsible for overseeing FisherBroyles’ compliance with the GDPR and any other applicable data protection legislation and regulation.

How does FisherBroyles obtain your Personal Data?

In most circumstances, we will obtain your Personal Data from you directly but, occasionally, we will obtain your Personal Data from a third-party source, for example, former employers, credit reference agencies or other background check agencies

What Personal Data does FisherBroyles collect from and about you?

We collect and use different types of Personal Data about you, which will vary in type and detail depending on your circumstances, your role and the law. Please consider the following illustrative and non-exhaustive examples:

• Personal Data about you: name, address, date of birth, marital status, nationality, race, gender, preferred language, details of any disabilities, work restrictions and/or required accommodations, possibly personal data about your family life (including dependents);
• Personal Data to contact you at work or home: name, address, telephone, and e-mail addresses;
• Personal Data about who to contact in a case of emergency (yours or ours): name, address, telephone, e-mail addresses and their relationship to you;
• Personal Data to identify you: photographs, passport and/or driving license details, electronic signatures;
• Personal Data about your suitability to work for us and/or a relevant third party: references, interview notes, work visas, ID information such as passport details and driving licence information, records/results of pre-employment checks, credit and DBS checks (if applicable);
• Personal Data about your skills and experience: CVs and/or application forms, references, records of qualifications, skills, training and other compliance requirements;
• Personal Data about your terms of employment with FisherBroyles: letters of offer and acceptance of employment, your employment contract/service contract;
• Personal Data that we need to pay you: bank account details, national insurance, PAYE and HMRC numbers and references (where applicable);
• Personal Data that we need to provide you with benefits and other entitlements: length of service information, leave requests;
• Personal Data to allow you to access our buildings and systems: identification codes, passwords, answers to security questions;
• Personal Data relating to your performance at work: performance ratings, targets, objectives, records of performance reviews, records and/or notes performance-related meetings and associated correspondence and reports;
• Personal Data relating to discipline, grievance and other employment related processes: interview/meeting notes or recordings, correspondence;
• Personal Data relating to your work travel and expenses: bank account details, passport, driving licence, vehicle registration and insurance details.
• Personal Data used to market or publicise FisherBroyles; name, qualifications, expertise and photographs for FisherBroyles’ website.

Why do we need to collect and use your Personal Data?

We need to collect and use your Personal Data for a number of purposes. These may include the following illustrative and non-exhaustive examples:

For recruitment purposes:

• To assess your suitability to work for FisherBroyles;
• To conduct screening, assessments and interviews;
• To make offers and provide contracts of employment; and
• To conduct pre-employment checks, including determining your legal right to work.

For employment/contractual purposes:

• To provide you with compensation including salary, insurance and pension;
• To communicate with you and to facilitate communication between you and other people;
• To assess any injury and illness necessary for the management of Health & Safety and disabilities; and
• For the administration of flexible working arrangements.

For effective business management purposes:

• To assess your performance;
• For training and education;
• For promoting/marketing our services;
• To carry out internal reviews, grievances, investigations, audits;
• To conduct business reporting and analytics; and
• For compliance and compliance reporting, including the monitoring of emails and correspondence, gifts and hospitality reporting.

For security purposes:

• Authorising, granting, administering, monitoring and terminating access to or use of FisherBroyles or third-party facilities, records, property and infrastructure including communications services such as business telephones and email/internet use; and
• For the prevention and detection of crime.

Information Technology (“IT”) purposes:

• IT Systems access control and use monitoring- further information below;
• IT fault reporting, management and resolution; and
• Systems administration, support, development, management and maintenance.

You should always bear in mind that your use of the FisherBroyles’ IT systems will be monitored. This means that other FisherBroyles Personnel will, from time to time, have access to your systems, including your FisherBroyles email account, and any Personal Data, or may actively oversee what you are doing.  FisherBroyles undertakes to use this right reasonably, when necessary, in a targeted manner and for legitimate reasons (see below), but it is important that you are aware that communication and activities on our premises and through our IT systems cannot be presumed to be private.

If the monitoring reveals information that we cannot reasonably be expected to ignore (e.g. criminal activity, gross misconduct etc) then that information might be used against you or disclosed by us to relevant authorities.

Any such monitoring will be carried out in accordance with the law, the GDPR and any applicable data protection legislation and guidance issued by the Information Commissioner.

What is FisherBroyles’ legal basis for processing your Personal Data?

Under the GDPR, FisherBroyles must identify a lawful basis for processing your Personal Data which may vary according to the type of Personal Data processed.

• Performance of your employment contract of contract for services:

FisherBroyles is entitled to process the Personal Data it requires in order to fulfil its obligations under its contract with you. Such Personal Data, most of which is detailed above, includes but is not limited to your name, contact details, bank account details, benefits entitlement, national insurance number etc.

• Legitimate interests of FisherBroyles:

FisherBroyles processes some of your Personal Data on the basis that it is within its legitimate interests to do so. Such Personal Data, most of which is detailed above, includes but is not necessarily limited to:

• Personal Data relating to your skills qualifications, experience, performance, the legitimate business interest being in the effectiveness and suitability of its personnel;
• Personal Data necessary to provide you with training and to educate you further, the legitimate interests being the enhancement and improvement of FisherBroyles’ workforce and ultimately the way in which it provides legal services to clients;
• Personal Data necessary to actively monitor the use of FisherBroyles’ IT systems and the email accounts of FisherBroyles Personnel, the legitimate interest being the ability to ensure that FisherBroyles Personnel, at all times, conduct themselves in an appropriate manner and within the parameters of the law; and
• Personal Data necessary in order for you to access FisherBroyles offices and systems, the legitimate business being in the efficiency and productivity of FisherBroyles.

FisherBroyles does not consider that the processing of your Personal Data, on the basis that it is within FisherBroyles’ legitimate interests, is unwarranted because of any prejudicial effect on your rights and freedoms or your legitimate interests.

• Compliance with a legal obligation to which FisherBroyles is subject:

In certain circumstances, FisherBroyles must process your Personal Data in order to comply with its legal obligations. This might include, but is not limited to, Personal Data required: for tax purposes (e.g. PAYE), to provide you with a workplace pension, to assess whether you require any reasonable adjustments to perform your duties, assess Health and Safety requirements etc.

More information relating to legal bases for processing can be found on the Information Commissioner’s website (see details below) or by contacting the DPM.

Special category and criminal records Personal Data

 Where FisherBroyles processes your criminal records Personal Data or special category Personal Data relating to your racial or ethnic origin, political opinions, religious and philosophical beliefs, trade union membership, health data, biometric data or sexual orientation, we will always obtain your explicit consent to those activities unless this is not required by law or the information is required to protect your health in an emergency. Where we are processing Personal Data based on your consent, you have the right to withdraw that consent at any time.

Who receives your Personal Data?

We may disclose your Personal Data to third parties if but only when we have a legal basis to do so. Such instances/recipients include but are not limited to: FisherBroyles Affiliates; FisherBroyles’ payroll and benefits providers; FisherBroyles’ insurance brokers and underwriters (for travel, employer liability, etc); FisherBroyles’ auditors or accountants; FisherBroyles’ outsourced IT and other suppliers; FisherBroyles’ training providers; HMRC and other public authorities; recruitment agencies; healthcare and other welfare practitioners; your current, past or prospective employers.

How do we protect your Personal Data?

We have security arrangements in place to guard against unauthorised access, improper use, alteration, destruction or accidental loss of your Personal Data. You are required to help with this by ensuring that your Personal Data and that of your colleagues and third parties are kept secure. You should not share your Personal Data (or the Personal Data of others) unless there is a genuine business reason for doing so.

We take appropriate organisational and technical security measures and have rules and procedures in place to ensure that any Personal Data we hold is not accessed by anyone unauthorised to access it.

When we use third party organisations to process your Personal Data on our behalf, we ask them to demonstrate their compliance with our security requirements, and any instructions we may give them and their compliance with the GDPR and any other relevant data protection legislation.

Is your Personal Data transferred to “third countries” and, if so, what safeguards are in place?

In accordance with this Notice and the provisions of the GDPR, we may transfer your Personal Data to organisations located in other countries. In addition to the security arrangements mentioned above in relation to our engagement of third-party organisations, where such transfers are required we will ensure that your Personal Data is adequately protected, for example, by using a contract for the transfer which contains specific data protection provisions.

The transfer of your Personal Data from FisherBroyles UK LLP to FisherBroyles LLP will constitute a transfer to a “third country” and, accordingly, the relevant entities have contracted on such a basis. If you wish to see a copy of this contract, please contact the DPM.

How long will your Personal Data be held?

It is our policy to retain your Personal Data for the length of time required for the specific purposes for which it is processed by FisherBroyles and which are set out in this Notice. However, we may be obliged to keep your Personal Data for a longer period, for example, where required by our legal and regulatory obligations or in order to ensure we have effective back-up systems. In such cases, we will ensure that your Personal Data will continue to be treated in accordance with this Notice, restrict access to any archived Personal Data and ensure that all Personal Data is held securely and kept confidential.

What are your rights?

You have a right to access your Personal Data, to object to the processing of your Personal Data, to rectify, to erase, to restrict and to port your Personal Data. We have in place specific procedures in relation to any Subject Access Requests (“SAR”) that you might, and are entitled to, make. Put simply, a SAR is a request made by you which requires us to provide you with details of your Personal Data which we hold and process and a description of how we process it.

Any questions should be put in writing to the DPM.

How to make a complaint

If you are unhappy with the way in which FisherBroyles processes your Personal Data you may in the first instance contact the DPM and if you remain dissatisfied then you have the right to apply directly to the Information Commissioner for a decision. The Information Commissioner can be contacted at: –

Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF www.ico.org.uk

Price & Service Information

Employment Tribunal Work

We are required to publish information about the price of our Employment Tribunal work and the services you will receive if you instruct us.

This includes information about our fees and any third-party costs (also known as “disbursements”) associated with your matter, as well as information about the stages of a typical matter and the likely timeframes for completing our work.

The figures provided below are not quotes. Costs will vary depending on the complexity of your matter and the claims you are bringing or defending.

We are happy to speak to you about the details of your case so we can provide better estimates of our fees and the likely timeframe.

Please contact our UK employment team for more information about our services.

Our fees

We charge on an hourly basis, so the total fees we charge will depend on the amount of time we spend working on your matter and the experience of the team members involved.

More complex cases will result in higher fees, as they require more time to prepare and may require more senior staff to handle the work.

Typical fee ranges for different levels of complexity are set out below. These figures exclude VAT, which is chargeable at 20%.

• Simple case: £20,000 – £40,000
• Medium Complexity case: £40,000 – £80,000
• High Complexity case: £80,000 – £250,000

Circumstances that may increase the complexity of a case include where:

• We need to make or defend an application to amend your claim form (e.g., if there is an error in the form or further information has come to light).
• We need to deal with preliminary/procedural issues (e.g., whether the claim has been filed within applicable time limits).
• There are a large number of witnesses or documents.
• We are defending a claim brought by an individual or company without legal representation (aka a “litigant in person”).

An unrepresented party will be less familiar with the legal process, so the case is likely to take more of the tribunal’s time. We are also under an obligation not to take unfair advantage of the party’s lack of legal representation, so may need to take more time to explain our actions and arguments.

• The claim involves complex allegations or questions of law (e.g., safeguarding or whistleblowing complaints).
• We are making an application for the other party to pay the costs you incur (or defending such an application from the other party).
• The hearing is likely to take longer than normal.
• There are associated regulatory issues.

Third-Party Costs (Disbursements)

In addition to the fees above, you will be responsible for all third-party costs associated with your matter.  These may appear in our invoice as disbursements, or we may arrange for third parties to invoice you directly.

The main third-party cost associated with our employment tribunal work is the cost of instructing a barrister (also known as “counsel”), who will represent you in the employment tribunal hearing.

Barristers’ fees can vary widely depending on the barrister’s seniority and experience and the amount of work they undertake.  We can provide a better estimate of their likely fees (and obtain estimates) once we have assessed your case.

For information, barristers tend to charge by way of hourly rates for advising on particular issues or for dealing with certain urgent matters (such as advice on, or dealing with, a potential injunction) and by way of fixed fees for preparing for and attending the first day of the hearing (a “brief fee”) and for subsequent days (a “refresher”).  When used, hourly rates vary widely and can range from, for example, £200 to £600 an hour plus VAT.  Further information is available on most chambers’ websites.

Other typical third-party costs include photocopying fees and courier fees.

Key Stages & Timeline

The fee estimates above are based on a ‘typical’ employment tribunal matter – which may include the following stages:

• Taking instructions – we will speak to you about the services you require, review your documents, advise you on the merits and financial value of the claim. Where possible, we will consider, at an early stage, the optimum strategy for handling the matter, taking into account your initial objectives.
• Pre-claim conciliation – this is a mandatory dispute resolution process facilitated by Acas (the publicly funded Advisory, Conciliation and Arbitration Service) and involves exploring whether a settlement can be reached before the matter progresses to a hearing.
• Filing the claim/response – we will prepare your claim / response form and review the other party’s claim / response and prepare documents supporting your case like the schedule of loss (a document setting out the basis for the compensation you are seeking.
• Preliminary hearings – we will prepare for and attend any preliminary hearings. It may also be appropriate to engage a barrister to represent you at certain preliminary hearings.  These deal with both procedural and substantive issues which the tribunal must assess before the final hearing.
• Exchanging documents – we will exchange relevant documents with the other party as part of the tribunal’s “disclosure” process, which helps us gather all information relevant to the claim. We will also agree with the other party which documents should be included in the “bundle” of documents submitted to the court.
• Witness statements – we will interview witnesses, draft their witness statements, and arrange for them to agree the contents. We will also review witness statements prepared by the other party.
• Bundling documents – before the hearing, we will prepare the folder of documents to be submitted to the tribunal. This is known as the “bundle”. This will include documents which assist the tribunal to establish the facts of the case – e.g., a list of issues, a chronology of events and/or a list of persons involved in the events (aka a “cast list”).
• Settlement – we will continuously explore the possibility of settling your case and negotiate settlement throughout the process.
• Final hearing – we will instruct a barrister to represent you in the final hearing, attend “conferences with counsel” to brief them on the issues and help them prepare, and attend the final hearing.

This process can take anything between a few days (if settlement is reached during the pre-claim conciliation process) and upwards of 12 months (if the matter proceeds to a final hearing).

We will be able to provide a more accurate timescale once we have received your instructions, and throughout your matter will keep you informed of factors which may lengthen the process.

Please contact the UK employment team for more information.