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 [...]
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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 [...]
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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):
either directly or indirectly, solicit, canvass or approach or [...]
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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 [...]
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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 [...]
Tags: Employment Lawyers London - Compromise Agreements Solicitors
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.
Tags: Compromise Agreements - Return of Property by Employee
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 [...]
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 [...]
Tags: Employment Lawyers - Outstanding Loans - Compromise Agreements
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 [...]
Tags: Employment Lawyers London - Expenses Compromise Agreements