Compromise Agreements Solicitors & Lawyers » Breach of Confidential Information http://www.adviceoncompromiseagreements.com Call us for independent legal advice on compromise agreements, unfair dismissal or redundancy law Tel: 0207 488 9947 or Email: enquiries@rtcooperssolicitors.com Thu, 19 Aug 2010 23:02:36 +0000 http://wordpress.org/?v=2.8.5 en hourly 1 Compromise Agreements – Non Solicitation Clauses – Restrictive Covenants http://www.adviceoncompromiseagreements.com/compromise-agreements/compromise-agreements-non-solicitation-clauses-restrictive-covenants http://www.adviceoncompromiseagreements.com/compromise-agreements/compromise-agreements-non-solicitation-clauses-restrictive-covenants#comments Wed, 03 Feb 2010 08:49:42 +0000 admin http://www.adviceoncompromiseagreements.com/?p=406 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.

]]> http://www.adviceoncompromiseagreements.com/compromise-agreements/compromise-agreements-non-solicitation-clauses-restrictive-covenants/feed 5 What Reference Can you Expect? – Going Through Redundancy and Compromise Agreement- Redundancy Law http://www.adviceoncompromiseagreements.com/compromise-agreements/what-reference-can-you-expect-going-through-redundancy-and-compromise-agreement http://www.adviceoncompromiseagreements.com/compromise-agreements/what-reference-can-you-expect-going-through-redundancy-and-compromise-agreement#comments Wed, 28 Oct 2009 07:24:53 +0000 admin http://www.adviceoncompromiseagreements.com/?p=333 If you have been made redundant and have been asked to sign a compromise agreement, then your employer usually would provide you with a reference.  Your employer in the future will be subject to the confidentiality provisions set out  in your compromise agreement (which you both will sign), so if your employer receives any written reference requests for you, your employer will usually answer these factually and in line with its policy. In some cases that we are seeing, certain employers will provide the following details only in a reference:-

  • Your dates of employment
  • Your  job title
  • Your department
  • Your salary
  • Your reason for leaving (which should be included in your offer letter and compromise agreement)
]]> http://www.adviceoncompromiseagreements.com/compromise-agreements/what-reference-can-you-expect-going-through-redundancy-and-compromise-agreement/feed 0 Breaching Confidentiality Provisions – Compromise Agreements http://www.adviceoncompromiseagreements.com/compromise-agreements/breaching-confidentiality-provisions-compromise-agreements http://www.adviceoncompromiseagreements.com/compromise-agreements/breaching-confidentiality-provisions-compromise-agreements#comments Fri, 18 Sep 2009 02:04:19 +0000 admin http://www.adviceoncompromiseagreements.com/?p=311 We discussed the fact that both an employee as well as an employer have to mantain confidentiality with regards to the confidentialty provisions in a compromise agreement. We are now going to look at what could happen if such provisions are breached by either party. In summary:

  1. The party claiming breach would need to have proof of the breach. This is what its referred to as evidence.
  2. Once proof is obtained/secured, then a letter before action should be sent to the party in breach.
  3. If at the end of the requisite period given to the party in breach to respond (usually7 – 21 days), there is no resolution, the next stage is to bring proceedings in the court for breach of confidential information.
  4. The aggrieved party has to make an assessment of damages.
  5. Always ensuring that you obtain sound legal advice.
]]> http://www.adviceoncompromiseagreements.com/compromise-agreements/breaching-confidentiality-provisions-compromise-agreements/feed 1 Breach of Confidential Information – Compromise Agreements http://www.adviceoncompromiseagreements.com/compromise-agreements/breach-of-confidential-information-compromise-agreements http://www.adviceoncompromiseagreements.com/compromise-agreements/breach-of-confidential-information-compromise-agreements#comments Sat, 29 Aug 2009 16:24:06 +0000 admin http://www.adviceoncompromiseagreements.com/?p=291 We have addressed the topic of confidentiality many times before. We are still finding that both employers and employees are at risk of breaching the confidentiality provisions in compromise agreements.  For employers it is usually in relation to references.  For employees they sometimes do not know what they are allowed to disclose to their new employers or to use in their new business ventures. Surely, as an employee you are more likely to use in your new business what you know best – but how did you obtain this information?  We see employees trying to set up very similar websites to their past employers, your employmnent contract may not allow this.

You should be aware of the risk of breach of confidential information.

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