Fudia Smartt is a Partner at Spencer West LLP. She joined the firm in September 2019, having previously been Partner at a boutique employment practice in Chancery Lane. Her previous work experience includes practising in highly regarded employment teams at both Russell Cooke LLP (a top 100 London firm) and City firm Fox Williams LLP.
Covering every stage of the employment life cycle, Fudia advises on non-contentious and contentious matters for both employers and employees on topics such as bullying, harassment (including sexual harassment), unfair and wrongful dismissal, restrictive covenants, discrimination, whistleblowing, maternity and other family-friendly matters.
She has experience across a wide range of sectors, with particular expertise in technology, media, financial services and professional services.
Fudia has significant experience in the following:
Advising on day to day HR operational issues, which includes on how to avoid grievances and disciplinary/dismissal issues;
Senior executive appointments and departures (which often include regulatory issues);
Bringing and defending complex discrimination and whistleblowing claims in the employment tribunals;
Advising employers and employees (as well as partners) on the enforceability of restrictive covenants and confidentiality agreements, including in relation to team moves;
Drafting contracts of employment, service agreements and HR policies;
Advising companies on restructuring exercises, redundancies (including collective redundancies) and employment issues arising from insolvency;
Advising on TUPE-related matters including in relation to outsourcing and property transactions;
Advising both employers and employees on data protection issues;
Advising business start-ups in a wide range of industries on how to protect and grow their businesses at a reasonable cost;
Providing HR advice and tailored training to clients and external bodies on all employment law matters, from recruitment to dismissal and beyond;
Advising members on joining LLPs; and
Drafting, negotiating and advising on settlement agreements.
She has acted on a number of high profile (and commercially sensitive) matters which has resulted in six-figure settlements for her clients. She has also acted on matters in the County Court, High Courts, Employment Appeal Tribunal (EAT) and Court of Appeal.
Fudia is praised by her clients for her creative problem-solving skills and her ability to provide commercial, tailored legal advice in a friendly and empathetic manner. She has a high emotional intelligence which she uses to assist with getting the results her clients want.
Fudia is a member of the Employment Lawyers Association.