Compromise Agreements Solicitors & Lawyers » Restrictive Covenants

Employment Lawyers London – Employment Solicitors – Compromise Agreement Solicitors London

admin — Wed, 02 Jun 2010 12:33:21 +0000

An employee must ensure that any reason given by an employer in a compromise agreement for the employee leaving his/her employment is accurate.

Commonly, compromise agreements will say “your employment shall terminate on the Termination Date by reason of redundancy” or “your employment shall terminate on the Termination Date by mutual agreement”. It is not unheard of for a compromise agreement to state that an employee’s employment will terminate “due to capability”, where this assertion might be contended by the employee, so it is important that an employee attempts to negotiate such expressions out of the compromise agreement as this could have an adverse effect on the employee’s endeavours to secure subsequent employment. The reason being that an employer could refer to this reason for leaving in the employee’s reference.

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.

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:

Employment Law Advice – Garden Leave – Compromise Agreement – Dismissal – Redundancy

admin — Wed, 28 Apr 2010 22:27:28 +0000

A number of employees are being placed on garden leave and do not know what to expect during this period. You can be put on garden leave up to and including your termination date. If you are an employee, your employer may require you to sign a compromise agreement whilst on garden leave. This means that you would not be required to attend work or undertake any work. For instance, an employee will:

remain an employee of the employer until the termination date;
continue to receive normal salary and contractual benefits (less usual deductions for tax and National Insurance contributions);
be required to take any outstanding holidays;
not contact any customers, suppliers or business contacts of its employer or an Associated Company, or undertake any work on behalf of its employer or any Associated Company without the prior consent of, the employer;
not undertake work either on a self-employed basis or for any other company, firm, business entity or other organisation;
not contact the press or other media or make any statement regarding the employer or any Associated Company;
maintain obligations of good faith, fidelity and confidentiality.

The employer may:-

require the employee to carry out duties other than the employee’s normal duties ;
in its absolute discretion, appoint another person to carry out some or all of the employee’s duties.

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

Employment Lawyers – Restricitve Covenants Compromise Agreements

admin — Wed, 10 Feb 2010 23:53:44 +0000

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 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:

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: