Compromise Agreement Solicitors & Lawyers » Contract of Employment

Employment Law, Restrictive Covenants, Employment Contracts, Compromise Agreements

admin — Tue, 17 Jan 2012 09:31:51 +0000

We often advise on other post-termination provisions (that is, aside from confidentiality), including non-solicitation and non-compete provisions.

Non-solicitation provisions prohibit ex-employees from soliciting/dealing with certain individuals closely related to their ex-employers (employees, customers and suppliers).
Non-compete provisions prohibit ex-employees from setting up a business which may be seen as a competitor to the ex-employer.

Normally, post-termination restrictions will last for 10-12 months. The idea behind them is to protect the ex-employer’s legitimate interests. However, it is possible for restrictions to be seen as too wide in scope by the Courts and therefore unenforceable.

Legal advice should always be sought in relation to post-termination provisions.

If you require further information about redundancy law, please contact us at enquiries@rtcooperssolicitors.com or visit one of the following pages on employment law:

© RT COOPERS, 2012. 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.

Employment Law, Restrictive Covenants, Employment Contracts, Compromise Agreements

admin — Thu, 12 Jan 2012 10:18:18 +0000

Employees should be mindful of restrictive covenants such as confidentiality provisions contained in employment contracts, which apply post-termination. These are normally contained in compromise agreements as well as employment contracts.

If you require further information about redundancy law, please contact us at enquiries@rtcooperssolicitors.com or visit one of the following pages on employment law:

Employment Law, Redundancy, Confidentiality, Redundancy Pay

admin — Thu, 15 Dec 2011 09:02:32 +0000

Some employees are still not aware of the importance of confidentiality and complying with those provisions within their employment contracts as well as the confidentiality provisions within their compromise agreements. A breach of any of these provisions will in most cases, and at the very least, lead to the employees being made to repay any redundancy payments as a debt to the company.

If you require further information about redundancy law, please contact us at enquiries@rtcooperssolicitors.com or visit one of the following pages on employment law:

© RT COOPERS, 2011. 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.

Employment Law, Compromise Agreements, Confidentiality, Employment Contract, Post-termination

admin — Fri, 04 Nov 2011 12:01:47 +0000

Employees must at all times remember that there are confidentiality terms in their employment contracts. Post-termination of employment, employees will still be bound by the confidentiality provisions in their employment contracts as well as the confidentiality provisions in their compromise agreements.

If you require further information about redundancy law, please contact us at enquiries@rtcooperssolicitors.com or visit one of the following pages on employment law:

Post-termination Provisions in Employment Contracts, Compromise Agreement

admin — Fri, 21 Oct 2011 15:41:08 +0000

Even when an employee is signing a compromise agreement, the employee should always refer to the post-termination provisions in the employee’s employment contract. If in doubt seek advice on employment law.

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

Compromise Agreement, Redundancy, Employment Law, Negotiating Terms, Restricted Clients

admin — Fri, 16 Sep 2011 17:33:45 +0000

It is highly advisable that senior executives of companies facing redundancy agree a list of ‘restricted clients’ with their employers wherever possible, when negotiating the terms of their compromise agreements. This list should contain clients that the employees have had direct dealings with. It therefore makes it easier for such senior executives to know which clients are out of bounds as typically there would be a restricted period of anything from 3 – 12 months during which the executives cannot poach/entice such restricted clients. This is a very contentious area and executives if in doubt must take legal advice.

The point is that any disclosure by an executive of details of clients otherwise would amount to a breach of the compromise agreement by the employee and any continuing confidentiality provisions in the employee’s employment contract. The solution is thus to agree a list of ‘restricted clients’ within the terms of the compromise agreement. This would give the employee a clear indication of those clients that fall within the post-termination provisions.

Redundancy Pay, Employment Law Compromise Agreement

admin — Sun, 22 May 2011 18:47:49 +0000

Employees facing redundancy are finding that a number of employers are simply offering statutory redundancy pay. Some employers are just offering the notice period to employees as their redundancy pay.

Compromise Agreement, Reference for Employment, Alteration of Draft Reference, Employee Reference

admin — Wed, 27 Apr 2011 11:56:49 +0000

When an employee receives a compromise agreement which contains a draft reference, the employer will usually reserve the right to alter the reference if new facts come to light which would render the reference inaccurate.

Compromise Agreement, Excess Holiday, Repayment to Employer, Deduction of Payment, Unfair Dismissal, Redundancy, Constructive Dismissal, Voluntary Redundancy

admin — Wed, 27 Apr 2011 09:24:02 +0000

Employees should note that where they have taken more leave than they are entitled to at the date of termination of their employment (which includes termination as a result of redundancy, voluntary redundancy, purported unfair dismissal and/or constructive dismissal), the employer would normally have reserved the right to deduct from any monies owed to the employee an amount reflective of the excess holiday taken by the employee. Terms providing for the deduction of payment should be contained in the employee’s contract of employment and/or any compromise agreement.

Lawyer Employment, Employee Rights, Voluntary Redundancy, Solicitors

admin — Fri, 04 Mar 2011 22:24:24 +0000

If you are an employee you should be aware of a warranty that may be included in your compromise agreement. The warranty would state that the employee confirms that the employee has not accepted an offer of employment. An employe is at risk of being in breach of the employee’s compromise agreement, if the empployee accepts an offer of employment prior to the termination of the employee’s existing employment.