Mark Kaye is a Partner in the Employment department. He specialises in all areas of transactional work (with an emphasis on US-related matters) as well as non-contentious advisory work.
Mark possesses a wealth of expertise in a diverse array of transactions, including sales, acquisitions, outsourcings, mergers, and takeovers. He is also well-versed in restructuring and change management projects, often spanning multiple jurisdictions.
Mark is a frequent presenter at industry conferences – he has lectured at the ELA TUPE Conference on multiple occasions, most recently in 2024.
Mark contributes to a variety of legal and HR publications, discussing a broad spectrum of employment law topics.
For a period, he served on the editorial board of the Workplace Law Network, which engages with an audience of 50,000 employers and managers.
Throughout 2020, Mark played a pivotal role in providing insight on the COVID-19 pandemic, appearing live on national radio several times to examine the implications of evolving COVID-19 legislation.
Key Experience
- Advising an US investment bank and financial services company on TUPE issues arising out of the acquisition of a leading independent M&A and private capital advisory firm serving the global technology industry.
- Supporting a property management company on the employment aspects of multiple separate acquisitions. The transactions involved difficult employment issues around the possible application of TUPE on change of service providers in the context of a property purchase. This required close co-operation with the client’s property managers and an analysis of existing and proposed future arrangements as well as an analysis of existing and future contractual arrangements.
- Advising a private equity real estate fund management business on the employment aspects of its indirect disposal of a portfolio of 23 logistics assets across the United Kingdom.
- Acting for an Australian client on its acquisition of a UK-based fashion and accessories retailer. The transaction included the sale of the brands and intellectual property, the head office and design teams, the group’s distribution centre, as well as the transfer of around 450 jobs. The transaction involved significant analysis in relation to the application of TUPE and the risks in relation to a TUPE transfer.
- Advising a US-based global technology company on the disposal of its European operations.
- Supporting a global bank on a redundancy project across 52 jurisdictions.
- Advising a US manufacturing conglomerate on its Europe-wide restructuring programme.
- Supporting an Administrator on the sale of an airline, including providing advice on retention arrangements for key employees and the TUPE transfer of employees to the purchaser.
Career History
Partner, Mishcon de Reya LLP
Senior Associate, Bryan Cave Leighton Paisner LLP
University of Manchester, Law
Articles and Publications
- Quoted by HR Magazine on spread HR struggling to enforce lockdown rules, January 29, 2021
- Quoted by HR Magazine on spread of COVID in the workplace, January 2021
- “What Does the Extension of Furlough Scheme Mean for Employers?” HRreview, November 16, 2020
- "What Does the Job Retention Scheme Extension Mean for Employers?" People Management, November 10, 2020
- “Will the new job support scheme really work?”, People Management, September 28, 2020
- Case law update for Employment Law Journal, September 2020
- “Is It Time for Employees to Have a Legal Right to Work from Home?” Co-Authored with Lydia Octon-Burke, HR Magazine, May 20, 2020
- “How can businesses stay safe during a virus outbreak?” HR Magazine, March 2020