Many employees are not taking note of the importance and possible repercussions for breach of post-termination restrictions contained within their compromise agreements and contracts of employment, particularly for non-competition. From our vast experience as employment lawyers we have seen situations where employees taking redundancy have already obtained a new position with a new employer, but […]
Entries from March 30th, 2012
Employment Law, Redundancy, Employment Contract, Post-Termination Restrictions
March 30th, 2012 · No Comments · Choosing an Independent Legal Advisor to provide Advice on the Terms of your Compromise Agreement, Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Contract of Employment, Employment Lawyers, Employment Solicitors, Independent Legal Advice, Non Compete, Post Termination Restrictions after Signing a Compromise Agreement, Redundancies, Redundancy, Redundancy law
Tags: Employment Contract·employment law·Post Termination Restrictions after Signing a Compromise Agreement·Redundancy
Employment Law, Redundancy, Compromise Agreements, Tax Indemnity, HMRC
March 29th, 2012 · No Comments · Choosing an Independent Legal Advisor to provide Advice on the Terms of your Compromise Agreement, Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Employment Lawyers, Employment Solicitors, HMRC, Indemnity, Redundancies, Redundancy, Redundancy law, Taxation
There is still some confusion around the fact that an employer will have a tax indemnity in a compromise agreement to ensure that if HMRC makes a demand for payment in tax in relation to a specific employee, that employer is indemnified. As UK employment law solicitors, we regularly advise employees facing redundancy on their […]
Tags: Compromise Agreements·employment law·HMRC·Redundancy·Tax Indemnity
Employment Law, Redundancy, Employment Contract, Post-Termination Restrictions
March 26th, 2012 · No Comments · Breach of Confidential Information, Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Confidentiality Provisions in a Compromise Agreements, Contract of Employment, Employment Lawyers, Employment Solicitors, Non Compete, Non Solicitation, Post Termination Restrictions after Signing a Compromise Agreement, Redundancies, Redundancy, Redundancy law
From our vast experience of advising on UK employment law, including redundancies, we have seen that a number of employees are forgetting that even if their contracts of employment are terminated most employment contracts have post-termination restrictions in relation to confidentiality, non-competition and non-solicitation. Post-termination restrictions on confidentiality usually last indefinitely, whilst non-competition and non-solicitation […]
Tags: Employment Contract·employment law·Post Termination Restrictions after Signing a Compromise Agreement·Redundancy
Employment Law, Redundancy, Compromise Agreements, Confidentiality, Trade Secrets
March 23rd, 2012 · No Comments · Breach of Confidential Information, Choosing an Independent Legal Advisor to provide Advice on the Terms of your Compromise Agreement, Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Confidentiality Provisions in a Compromise Agreements, Curriculum Vitae (CV), Employment Lawyers, Employment Solicitors, Job Interview, Post Termination Restrictions after Signing a Compromise Agreement, Redundancies, Redundancy, Redundancy law, Restrictive Covenants
Confidentiality is tantamount to employment and is something we, as employment lawyers always advise upon when it comes to redundancies. We are still seeing that the scope of confidentiality in UK employment law and the repercussions for its breach are not being appreciated. Prospective employees should be aware of what they can say to prospective […]
Tags: Compromise Agreements·Confidentiality·employment law·Redundancy·Trade Secrets
Employment Law, Redundancy, Compromise Agreements, Tax Indemnity, HMRC
March 22nd, 2012 · No Comments · Choosing an Independent Legal Advisor to provide Advice on the Terms of your Compromise Agreement, Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Employment Lawyers, Employment Solicitors, HMRC, Indemnity, Independent Legal Advice, Redundancies, Redundancy, Redundancy law, Redundancy Pay, Taxation
Matters relating to tax in redundancies and tax indemnities in compromise agreements can be tricky. Although compromise agreements usually state redundancy pay is in full and final settlement and there will be no deductions of tax from the redundancy payment, tax indemnities mean, if the calculations for redundancy pay are incorrect and HMRC has sent […]
Tags: Compromise Agreements·employment law·HMRC·Redundancy·Tax Indemnity
Employment Law, Redundancy, Compromise Agreements, Post-Termination Provision, Re-Employment
March 20th, 2012 · No Comments · Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Employment Lawyers, Employment Solicitors, Re-employment, Redundancies, Redundancy, Redundancy law
From our vast experience of advising clients on UK employment law, including employees’ redundancy rights, we have seen a growing trend within some industry sectors for employers to, depending on the expertise of an employee, bring him or her back following redundancy to assist with certain tasks. For example employers may need assistance with various […]
Tags: Compromise Agreements·employment law·Post-Termination Provision·Re-employment·Redundancy
Employment Law, Redundancy, Compromise Agreements, Post-Termination Provision, Employment Tribunal
March 19th, 2012 · No Comments · Choosing an Independent Legal Advisor to provide Advice on the Terms of your Compromise Agreement, Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Employment Lawyers, Employment Solicitors, Employment Tribunals, Independent Legal Advice, Litigation Post Termination, Necessity for Legal Advice on the Terms of Your Compromise Agreement, Redundancies, Redundancy, Redundancy law, Unfair Dismissal
As employment law solicitors we have tremendous experience in advising on matters ranging from unfair dismissal to redundancy, including advising on the terms of compromise agreements. Something that we have seen more of is where an employer includes provisions in an employee’s compromise agreement to the effect that, if any litigation or tribunal matters involving […]
Tags: Compromise Agreements·employment law·Employment Tribunal·Post-Termination Provision·Redundancy
Employment Law, Redundancy, Compromise Agreements, Payment in Lieu of Notice, Tax
March 16th, 2012 · No Comments · Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Contract of Employment, Employment Lawyers, Employment Solicitors, HMRC, Independent Legal Advice, Payment in Lieu of Notice, Redundancies, Redundancy, Redundancy law, Redundancy Pay, Taxation
When advising employees on their redundancy rights and the terms of their compromise agreements, we are seeing situations where employers are including payment in lieu of notice (PILON) in employees’ redundancy payments. Any PILON is taxable and an employer does not have to make a PILON unless there is a provision in the employee’s employment […]
Tags: Compromise Agreements·employment law·Payment in Lieu of Notice·Redundancy·Tax
Employment Law, Redundancy, Compromise Agreements, Legal Advice, Future Claims
March 15th, 2012 · No Comments · Choosing an Independent Legal Advisor to provide Advice on the Terms of your Compromise Agreement, Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Data Protection, Employment Lawyers, Employment Solicitors, Independent Legal Advice, Necessity for Legal Advice on the Terms of Your Compromise Agreement, Redundancies, Redundancy, Subject Access Request
From advising employees on their redundancy rights, what we are finding is that some employees are misguided when it comes to signing their compromise agreements, believing they can sign a compromise agreement and still be permitted to bring a future claim against their employer. As employment law solicitors we are often asked to advise on […]
Tags: Compromise Agreements·employment law·Future Claims·Legal Advice·Redundancy
Employment Law, Redundancy, Compromise Agreements, Redundancy Payment
March 13th, 2012 · No Comments · Adviser's Certificate in Your Compromise Agreement, Choosing an Independent Legal Advisor to provide Advice on the Terms of your Compromise Agreement, Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Employment Lawyers, Employment Solicitors, Ex Gratia, Independent Legal Advice, Redundancies, Redundancy, Redundancy law, Redundancy Pay, Signing Compromise Agreements, Termination Payment
From our experience of advising on redundancies, the usual practise is for an employer to only pay an employee his or her redundancy payment once the employer has received two signed hard copies of the compromise agreement. That is, where the compromise agreement has been signed by the employee and encloses the signed adviser’s certificate […]
Tags: Compromise Agreements·employment law·Redundancy·Redundancy Payment