Compromise Agreement Solicitors & Lawyers » Keeping the Terms of your Compromise Agreement Confidential

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:

© 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, Confidentiality, Trade Secrets, Redundancy Payment

admin — Wed, 19 Oct 2011 22:45:23 +0000

Employees sometimes do not realise the importance of the need to keep the business affairs, trade secrets, marketing information and financial information about their employers confidential, especially post-termination. A breach of a compromise agreement may result in the employee having to repay the redundancy payment.

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

Employment Lawyers – Post Termination Provisions

admin — Wed, 05 May 2010 18:03:48 +0000

Post Termination Obligations

When senior executives are leaving a company, the company may add additional clauses to their compromise agreements to ensure that they are bound. A typical clause would be

“You acknowledge that you will continue to be bound by the terms of your employment contract in relation to Confidentiality, Intellectual Property, Inventions and Patents and Post-Termination Obligations.”

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

© 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.

Compromise Agreements – Non Solicitation Clauses – Restrictive Covenants

admin — Wed, 03 Feb 2010 08:49:42 +0000

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:

What Reference Can you Expect? – Going Through Redundancy and Compromise Agreement- Redundancy Law

admin — Wed, 28 Oct 2009 07:24:53 +0000

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)

Breaching Confidentiality Provisions – Compromise Agreements

admin — Fri, 18 Sep 2009 02:04:19 +0000

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:

The party claiming breach would need to have proof of the breach. This is what its referred to as evidence.
Once proof is obtained/secured, then a letter before action should be sent to the party in breach.
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.
The aggrieved party has to make an assessment of damages.
Always ensuring that you obtain sound legal advice.

Breach of Confidential Information – Compromise Agreements

admin — Sat, 29 Aug 2009 16:24:06 +0000

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.

Warranties in Compromise Agreements Cont’d

admin — Wed, 24 Jun 2009 08:05:27 +0000

1. You have received independent legal advice on all and any claims that you might be able to bring against your Employer in the Employer Tribunal and the High Court/County Court in respect of your employment and termination of employment.

2. You further warrant you have reviewed such claims with the Independent Adviser and been advised upon the possibility of pursuing such claims and you waive your rights to pursue such claims. The warranties that we have discussed in this blog and which you will be required to give to your Employer, do not apply to the following:-

Any claim to enforce an Employee’s pension rights which have accrued up to the date of the compromise agreement under the Pension Scheme;
Any personal injury claim which an Employee is not aware as at the date of the compromise agreement; and
Any claim necessary to enforce the terms of the compromise agreement.

More regulations in the next blog entry.

Warranties in Compromise Agreements Cont’d

admin — Fri, 29 May 2009 21:32:29 +0000

i. Being subjected to a detriment under any section within Part V Employment Rights Act 1996; and

ii. Any other claim whether known or unknown to the parties and whether presently known in law (including for the avoidance of doubt any injury arising from alleged unlawful discrimination); and

ii. Any other claim whether known or unknown to the parties and whether presently known in law (including for the avoidance of doubt any injury arising from alleged unlawful discrimination arising out of the Employee’s employment and/or its termination).

More regulations in the next blog entry.

Warranties in Compromise Agreements Cont’d

admin — Sun, 24 May 2009 08:37:48 +0000

We are continuing with our discussion on warranties in compromise agreements. Our previous entries explain a number of warranties that you will have to give to your employer. One of the key warranties is that:You have received independent legal advice on all and any claims that you might be able to bring against your Employer in the Employer Tribunal and the High Court/County Court in respect of your employment and termination of employment.You further warrant you have reviewed such claims with the Independent Adviser and been advised upon the possibility of pursuing such claims and you waive your rights to pursue such claims, including but not limited to any claim for:

Any personal injury claim resulting from the Employee’s employment with the MRC of which he was aware as at the date of this agreement;
Failure to provide written reasons for dismissal.

More regulations in the next blog entry.