Compromise Agreement Solicitors

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Compromise Agreements – Non Solicitation Clauses – Restrictive Covenants

February 3rd, 2010 · About Compromise Agreement Blog, Breach of Confidential Information, Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Confidentiality Provisions in a Compromise Agreements, Contract of Employment, Keeping the Terms of your Compromise Agreement Confidential, Non Solicitation, Restrictive Covenants, Signing Compromise Agreements, Termination Date, Termination of Employment, Your Compromise Agreement is a Binding Contract

Where employees are senior executives, employers are reinforcing the non solicitation clauses in the compromise agreement even though such clauses are already set out in the employee’s contract of employment.

A restrictive covenant in relation to other employees might state:-

The employee shall not at any time during the period of twelve months from the date of termination of your employment (twelve months is typical and enforceable):

  • either directly or indirectly, solicit or entice away or endeavour to solicit or entice away from the employer or any Group Company of the employer either on the employee’s behalf or on behalf of any other person, firm or corporation, any person employed by the employer or any Group Company of the employer at the termination date with whom the employee shall have had dealings in the course of the employee’s employment at any time in the period of twelve months preceding the employee’s termination date whether or not any such person would commit a breach of contract by reason of the person leaving the employer.

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Employment Lawyers – Compromise Agreements Solicitors

January 25th, 2010 · About Compromise Agreement Blog, Benefits - What happens to your Benefits once you sign a Compromise Agreement?, Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Contract of Employment, Garden Leave, Signing Compromise Agreements, Termination Date, Termination of Employment, Your Compromise Agreement is a Binding Contract

If you are on gardening leave and have been given a termination date for the termination of your employment, you may be required to notify your current employer if you have been offered a new job before the end of the termination date.

Usually once the employee notifies the employer, the employee’s employment would come to an end within 7 -14 days of notifying the employer.

All of these terms should be covered in your compromise agreement, if applicable.

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Compromise Agreements – Return of Property by Employee

January 18th, 2010 · About Compromise Agreement Blog, Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Return of Company Property after Signing a Compromise Agreement, Signing Compromise Agreements

In some cases an employer may allow an employee to retain company property. This has to be negotiated and agreed between the employee and employer.

The property must be listed in the compromise agreement.

Not all employers will agree to this.

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Employment Lawyers – Termination – Constructive Dismissal – Payment in Lieu of Notice (PILON) – PILON Payment or Termination Payment?

January 15th, 2010 · About Compromise Agreement Blog, Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, National Insurance Contributions, Payment Terms, Payment in Lieu of Notice, Post Termination Restrictions after Signing a Compromise Agreement, Redundancy, Settlement Payment, Termination Date, Termination Payment, Termination of Employment

Recent Case: Employment Law: Termination – Constructive Dismissal – Payment in Lieu of Notice (PILON) – PILON Payment or Termination Payment?

In this case of Clinton v HMRC [2010], an employer sought to terminate the employment of an employee and the employee sought to bring a claim for constructive dismissal against the employer. The employer paid the employee a ‘termination payment’ sum substantially the same as the employee’s entitlement by way of payment in lieu of notice (PILON). It was deemed by the Tax Chamber First Tier Tribunal (of the HMRC) that the payment was not made pursuant to a contractual entitlement but rather to extinguish the employee’s claim for constructive dismissal.

The significance of this decision was that the first £30,000.00 of the termination payment was therefore tax free, and the entire amount exempt from National Insurance contributions. The drafting of the PILON clause in this case is what caused much of the dispute.

It is important that PILON clauses in employment contracts are appropriately worded so as to ensure there is no discrepancy at such time as an employee leaves an employer’s employment.

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Compromise Agreement Solicitors – Goodbye Messages

December 14th, 2009 · About Compromise Agreement Blog, Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Goodbye messages

Employers are now vetting goodbye messages from employees and it is not unusual to find the following provision in a compromise agreement

1. If  an employee wishes to send a goodbye message to colleagues by email, the employee must agree the contents of this email with management before it is sent out.

Be careful about sending messages without prior approval!

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Employment Lawyers – Outstanding Loans – Compromise Agreements

December 6th, 2009 · About Compromise Agreement Blog, Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Outstanding Loans, Warranties

We have done a large section on warranties see http://www.adviceoncompromiseagreements.com/category/warranties.

We also wanted to mention that an employer may ask you, as an employee, to give a warranty regarding the payment of outstanding loans to the company, if you owe the company money.

The warranty may be worded as follows:-

“ You warrant that there are no sums or loans outstanding from you to the Company or any other Group Company and there is no fact or circumstance under which any payment is due or could become due from the Company or any other Group Company to you other than under the terms of this Agreement.”

You would be required to give this warranty once the loans are paid off. Under no circumstances should you give this warranty if the loans are still outstanding.

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Employment Lawyers London – Expenses Compromise Agreements

November 26th, 2009 · About Compromise Agreement Blog, Completion Date of your Compromise Agreement, Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Contract of Employment, Expenses, Redundancy, Return of Company Property after Signing a Compromise Agreement, Signing Compromise Agreements, Your Compromise Agreement is a Binding Contract

It is worth mentioning again that if you are an employee and you have been asked to sign a compromise agreement, you should submit your final expenses claim (form) to your employer within a specificed time (usually this time period is set out in your contract of employment). This is usually within five days of completion and approval of these expenses. Expenses are usually paid by the employer in the normal way. Employers will usually reimburse an employee for any expenses reasonably and necessarily incurred in the proper performance of an employee’s duties on production of the appropriate receipts and in accordance with the employer’s expenses policy. 

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Compromise Agreement Solicitors – Redundancy

November 22nd, 2009 · Redundancy

Are you at risk of being made redundant?

For advice on redundancy visit  http://www.rtcoopers.com/redundancy.php.

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Advice on Employment Law – Return of Property to Employers

November 16th, 2009 · About Compromise Agreement Blog, Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Dismissal Before the Termination Date, Return of Company Property after Signing a Compromise Agreement, Signing Compromise Agreements, Termination Date, Warranties, Your Compromise Agreement is a Binding Contract

If you are an employee, your employer  may ask you to give a warranty in your compromise agreement that before the Termination Date you will delete irretrievably any information relating to the business or business contacts of the Employer that you have stored on any magnetic or optical disk or memory of any personal electronic devices, including computers of any description, and/or mobile phones.

We have dealt extensively with warranties in this blog.  

RT Coopers Solicitors can advise you in this regard. Contact enquiries@rtcooperssolicitors.com for a meeting or more specialist advice. We will give you an indication of our costs.  

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Compromise Agreement Advice – Garden Leave

November 11th, 2009 · About Compromise Agreement Blog, Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Garden Leave, Your Compromise Agreement is a Binding Contract

If you are an employy, you should be aware of the date when you are meant to commence garden leave and check the date in their compromise agreement to ensure that the compromise agreement is signed before you take garden leave or some other arrangements are  in place.

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