Compromise Agreement Solicitors

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Employment Lawyers – Maternity Rights – Compromise Agreements – Redundancy

March 9th, 2010 · About Compromise Agreement Blog, Compromise Agreement Solicitor, Compromise Agreement Solicitors, Consultation, Maternity Rights, Redundancy, Your Compromise Agreement is a Binding Contract

One of the recent enquiry we recently received was from an employee that was pregnant and had been with her employer for 6 months and was told she was at risk of redundancy. In order for any employee to pursue an employer for unfair dismissal on the grounds of redundancy, the employee must have at least 2 years continuous employment. If the employee is pregnant, then if the employee (having considered the criteria for being chosen for redundancy) believes that the reason the employee was chosen was to do with her pregnancy, then the employee may be able to bring a case in the Tribunal. The key is that the employee would have to show that the reason for her redundancy was related to her redundancy. The employer must show in detail a fair selection procedure was applied. 

 If you require further information please contact us at enquiries@rtcooperssolicitors.com or visit one of the following pages:

© RT COOPERS, 2010. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.

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Employment Lawyers – Consultation Meetings

March 1st, 2010 · About Compromise Agreement Blog, Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Consultation, Signing Compromise Agreements

We have had recent enquiries where employees:-

  •  have been given notice of being at risk of redundancy when they were due to go on holiday;
  •  in some cases being asked to consider and come up with options whlist on holidays; and
  • the day of the consultation meeting being on the day they return to the office.

While some employees may not be happy with this approach, the employers are within their rights.

 If you require further information please contact us at enquiries@rtcooperssolicitors.com or visit one of the following pages:

© RT COOPERS, 2010. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.

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Employment Lawyers – Advertisement of Post after Redundancy

February 25th, 2010 · About Compromise Agreement Blog, Advertisement of Post after Redundancy, Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Redundancy, Your Compromise Agreement is a Binding Contract

We have been asked by a number of employees this week how long does an employer have to wait to advertise a post, if that post was made redundant.

The answer is six mnonths, but this would depend on whether the employee has signed a compromise agreement or not. If the employee has, the employee would be bound by the terms of the compromise agreement and not be able to bring any action against the employer.

If the employee has not, then the employee may have a cause of action.

 

Visit one of the following pages:

© RT COOPERS, 2010. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.

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Employment Lawyers – Restricitve Covenants Compromise Agreements

February 10th, 2010 · About Compromise Agreement Blog, Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Non Solicitation, Restrictive Covenants, Signing Compromise Agreements, Termination Date, Termination of Employment, Your Compromise Agreement is a Binding Contract

Continuing with Restrictive Covenants

An employer may restrict an employee with regards to clients:-

 The employee shall not at any time during the period of twelve months from the employee’s termination date (provided that nothing in this clause shall prevent the employee seeking or doing of business which is not competing business):

  1. either directly or indirectly, solicit, canvass or approach or endeavour to solicit, canvass or approach, either directly or on behalf of the employee or the employee on behalf of any other person, firm or corporation, any of the business of any client of the employer with whom the employee 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: and

Twelve months is reasonable for such restrictions.

 

If you require further information please contact us at enquiries@rtcooperssolicitors.com or visit one of the following pages:

© RT COOPERS, 2010. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.

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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.

If you require further information please contact us at enquiries@rtcooperssolicitors.com or visit one of the following pages:

© RT COOPERS, 2010. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.

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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.

If you require further information please contact us at enquiries@rtcooperssolicitors.com or visit one of the following pages:

© RT COOPERS, 2010. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.

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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.

If you require further information please contact us at enquiries@rtcooperssolicitors.com or visit one of the following pages:

© RT COOPERS, 2010. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.

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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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