Partners

Kate Payne

Kate would like to have been a vet. However, having studied Behavioural Science at degree level she turned to the law, qualifying as a solicitor in 1995. She became a Partner of the firm in April 2000.

Kate naturally gravitated to a firm specialising in insurance as a number of her family have been involved in this market in one way or another. Kate works as part of the firm’s Commercial, Regulatory and Employment group having experience in a variety of commercial transactions including shareholder arrangements, employment and regulatory matters.

Kate is an employment law specialist and deals with a broad range of contentious and non-contentious employment issues acting for both employers and employees. She regularly advises on dismissals including redundancy and unfair dismissal together with TUPE and contractual issues such as bonus payments. She has particular interest in the enforceability of post termination restraints and garden leave provisions in employment contracts.

Kate has recently been involved in High Court litigation arising from the move of a high profile team of Fac reinsurance brokers including obtaining an injunction from the Court of Appeal to prevent the executives being sued in the US. Kate has also advised on a large scale international redundancy programme for an insurance company and been involved in Employment Tribunal litigation on behalf of senior executives in relation to substantial unpaid bonus claims.

Kate is a member of the Employment Lawyers Association and speaks on employment issues. She is also a member of The Worshipful Company of Insurers. Kate lives in Central London and has a young family.

E-mail: payne@elbornes.com

Articles by Kate Payne

Dangerous Moves
Fiduciary duties present several challenges for directors and senior employees looking to transfer to pastures new. Kate Payne and Alexandra Booth offer a legal perspective … First published: Insurance Quarterly Summer 2009 [1st July 2009]

More New Rules – Employee Discipline and Greivances in the Insurance Market
Five years after the pretty drastic overhaul of the grievance and disciplinary procedures - following the introduction of the statutory dispute resolution procedures in 2004 - employers and employees operating in the insurance market have to once again navigate their way through a new regime. The (widely loathed!) statutory dispute resolution procedures are being repealed and legislation will now require employers and employees to follow a new code of practice coming into effect from 6 April 2009. First published: Post Magazine [9th April 2009]

Why the FSA may be interested in your bonus scheme
Do your staff incentives give undue weight to short-term considerations? The FSA have a growing interest in remuneration structures, and firms should prepare for some difficult questions, according to Kate Payne and Alex Booth. First published: Insurance Day [25th July 2008]

Breaking up is hard to do
The recent Appeal Court judgment involving a team of brokers who jumped ship from Marsh to join a rival has ramifications for anyone making a similar move - and also for their employers. Kate Payne discusses the 'do's and don'ts' of changing jobs First published: Post Magazine [22nd November 2007]

In the Eyes of the Law
Kate Payne was recently involved in obtaining an injunction on behalf of three former Marsh employees which prevented Marsh and McLennan Cos. bringing an action against them in New York. She talks to Business Insurance Europe about insurance litigation. First published: Business Insurance [30th July 2007]

Protecting the business once employees depart
Article discussing how to protect an employer's confidential information and client connections from a departing employee. First published: Insurance Day [24th February 2006]

The Pitfalls of Christmas Parties
A review of the employment considerations surrounding work-related social events. First published: Insurance Times [2nd December 2004]

Sex and the City
Article explaining how changes to the law in the wake of two recent Employment Tribunals have made a significant impact on the bonus culture in the City. First published: Continuity Insurance & Risk Magazine [1st June 2004]

Setting Up A Competing Business - How Far Can An Employee Go?
Following an unusual Court of Appeal decision, this article looks at how far employees can go in preparing to compete with an employer. First published: Insurance Day [8th May 2002]

Executive Decisions
Article considering the hiring and firing of senior executives. First published: Post Magazine [10th January 2002]

Dangers Hidden In The 'Garden Leave' Clause
Insurers and brokers who put departing employees on "garden leave" to protect their businesses could be in breach of contract unless they take special steps. First published: Insurance Day [23rd November 2000]

A Breach of Contract?
A Guide for Lloyd's Brokers and Underwriters on Garden Leave and Restrictive Covenants. First published: Elborne Mitchell booklet [1st December 1998]

The Working Time Regulations and the Insurance Industry
A discussion of the Working Time Regulations 1998 and their impact on the insurance industry. First published: Elborne Mitchell booklet [1st October 1998]