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Melanie Pimenta

Associate

Melanie Pimenta

Associate

“Absolutely first class service. Extremely prompt, and useful advice throughout my engagement with Melanie Pimenta at Clarkslegal.”

Google Review

Melanie is an associate solicitor in the employment team, who acts for businesses and individuals. She is an experienced advocate having undertaken over 130 hearings including eight final hearings at the employment tribunal.

Melanie uses this expertise when she advises clients on both contentious and non-contentious matters, including unfair dismissal, discrimination, whistleblowing and day to day HR enquiries such as grievances, disciplinary hearings and redundancies amongst other queries. She has substantial experience drafting policies, contracts and settlement agreements and has negotiated the resolution of a wide range of disputes.

Melanie also advises individuals and businesses on a range of privacy and data protection matters, including audits to ensure compliance, data protection policies and procedures (including DSARs and data breaches) and enquiries relating to the UK data protection legislation. She has recently advised a client on implementing an international data transfer agreement (IDTA) with consideration of a transfer risk assessment.

Her recent experiences include: implementing a European-wide strategy to prepare businesses for ongoing data protection compliance, advising on the everchanging Covid-19 legislation and successfully defending a claim for unfair dismissal from initial instruction to advocacy at the four-day final hearing.

Prior to joining Clarkslegal, Melanie trained and worked in-house at G4S, the world’s largest security company, for over 7 years. She managed employment issues for around 35,000 staff.

Working in-house has enabled Melanie to develop commercial acumen, sector knowledge and formulate practical and innovative solutions to clients’ legal queries.

Read, listen and watch our latest insights

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  • 15 November 2019
  • Employment

Changing reasonable adjustments could be discriminatory

Employers should be aware that changing or removing adjustments for a disabled employee could amount to a failure to make reasonable adjustments, even if they are replaced with other adjustments.

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  • 08 November 2019
  • Employment

Restrictive Covenants – What’s happened in 2019

There have been some cases in 2019 which have offered employers guidance on restrictive covenants and demonstrated how important it is for employers to review such restrictions carefully.

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  • 08 November 2019
  • Employment

How employers should manage workplace romances

It is reported that over 50% of people have engaged in a workplace romance at some time in their career. Following the rise of the #MeToo movement it is fundamental that employers are aware of how to manage romantic relationships between colleagues and that training is provided to ensure compliance with workplace policies.The Chief Executive (“CE”) of McDonalds has this week been fired following a romantic relationship with a fellow employee. Despite the fact that the fast food giant acknowledged that the relationship was consensual, the CE was dismissed as he had violated company policy by engaging in the…

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  • 08 November 2019
  • Employment

Capita not liable to compensate for employee’s racist comments

Employers can be held legally responsible (vicariously liable) for the discriminatory actions of their employees which have taken place in the course of employment. To avoid being held liable, an employer would have to show that it took all reasonable steps to prevent the discriminatory actions from occurring. This is exactly what Capita managed to do in a recent racial harassment case, brought against both Capita and one of Capita’s operations managers.

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  • 30 October 2019
  • Employment

Covert recording of employees: No breach of human rights

In López Ribalda and others v Spain, the Grand Chamber of the European Court of Human Rights (ECtHR) has held that it was not a breach of Article 6 (right to a fair trial) or Article 8 (right to respect for a private life) of the European Convention on Human Rights, to covertly record employees as part of an investigation into suspected theft and for the recording to be used at trial.

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  • 24 October 2019
  • Employment

Using preferred pronouns for transgender individuals

In the case of Mackereth v The Department for Work and Pensions and another, the Claimant was a doctor who refused to use transgender individuals’ preferred pronouns and titles as he claimed it went against his Christian beliefs.