Nikola Southern

Practice Areas

I combine technical rigour with commercial nous and a pragmatic, strategic approach to place my clients in the best possible position to avoid litigation, initiate claims or, for employers, provide a strong defence to any claims and reach favourable resolutions. As a testament to my expertise, I am recognised by Chambers and Partners, UK 2024 and in their 2024 Global Guide.

I advise on the full range of contentious and non-contentious employment law. She acts for employers, LLPs, senior executives (including directors), partners and consultants from a broad range of (often regulated) sectors including the legal, professional, financial, higher education, medical, retail, and media sectors.

Working closely with heads of HR, General Counsel and senior leaders, I provide advice to support their effective management of what are often sensitive, business-critical issues, which arise throughout the employment relationship including: drafting and negotiating contracts of employment, service agreements and buy-out agreements; managing employee exits; high value severance arrangements; grievance, whistleblowing and disciplinary processes (including under the Maintaining High Professional Standards in the NHS); performance management; sickness absence; discrimination; bullying and harassment; TUPE, redundancy and reorganisations.

Business protection is a key aspect of my day-to-work which includes: drafting of post termination restrictions and confidentiality provisions; advising on enforcement of restrictions (including injunctive relief); advice on team moves; and the use of mediation to resolve disputes.

I also advise senior executives in all of the above areas with a particular focus on negotiating exit terms, often for individuals in the financial services sector, which take into account bonus provision, deferred remuneration arrangements and post-termination restrictions.

Investigations work, including investigations into sexual misconduct, forms a substantial part of my practice. In conjunction with specialist lawyers from across Kingsley Napley (particularly from our Regulatory, Dispute Resolution, Criminal and Public Law teams), I advise employers and LLPs, senior executives and partners on the conduct of investigations using internal or external investigators and all related matters. This includes planning and managing investigations; suspension; management of employment relationships; support for employees or partners; legal rights of those involved in the investigation; concurrent criminal and/or regulatory investigations; anonymity; data protection and reputation management.

My strong litigation practice informs all other areas of my advice. For 20 years, I have successfully pursued and defended numerous hard-fought cases in the High Court, Employment Tribunal and Employment Appeal Tribunal including claims for breach of contract, wrongful and unfair dismissal, discrimination, whistleblowing and equal pay.

I co-edit the employment precedents in Thomson Reuter’s Practical Commercial Precedents.