A couple of weeks ago we wrote about the need to make sure your employment contracts are up-to-date. We wanted to follow that up with a more detailed post on the importance of employment contracts.
We regularly come across companies where employment contracts are not being issued to employees. Some businesses are able to get away with it for many years as long as their employees are happy with such arrangements although do remember that you are required by law to issue your employees with a Written Particulars of Employment document within 2 months of the start of employment. The change to having a formal contract usually takes place once there is a dispute or an employment relationship breakdown with any employee and a result of which the business finds itself in a situation where it is not well protected.
Now we know that this is not the most exciting of topics but the topic of employment contracts can become exciting when you want to rely on them to protect your business and find out that you can’t! Employment law and employment law interpretation change constantly but when was the last time you updated your contract? Has your contract been reviewed to check that it still meets the demands of your business?
We are all familiar with the concept of giving or receiving notice whether as an employer or as an employee. The requirement for notice to be given is understood by everyone however, whilst this might seem like a rather straight forward process, there are circumstances that make even the most experienced managers hesitant about a way forward. So in this blog we decided to look at some of these circumstances and to clarify how notice provisions should apply.
Changing terms and conditions of employment can be difficult. We’ve recently had a number of our clients ask whether they can change their employees’ terms and conditions of employment, particularly following a TUPE transfer. A simple answer is yes you can, but you need to follow a diligent process and be aware of potential pitfalls.
If you have a staff base made up of employees on differing terms of employment, either due to different contract revisions or having transferred employees through business purchases, you may get to a point where you want to have all employees on one set of terms and conditions (referred to as ‘harmonising’). This may be for economic reasons, to help with administration and management or just to ensure everyone is getting the same deal.
When a key employee leaves your organisation one of your biggest concerns is whether or not they are about to steal your clients and intellectual property. To limit what a former employee can do, or what they can take from your business, it is common practice to include post termination restrictions, also known as restrictive covenants, within your contract.
The Government is currently considering whether post termination restrictions unfairly hinder employees from moving freely between jobs or even stifling entrepreneurship; this blogs highlights the risk areas and what you should consider before overloading your contracts with onerous covenants that may be legally unenforceable.
We’ve written a string of blog posts now about how social media sites can impact your business. There is now some case law that helps clarify the position and highlights the need for businesses to take action.
Zero hours contracts are back in the press again with the Labour Party making statements regarding how they would tackle this issue if they were to be elected. Find out more.
You’ve found your perfect employee. They know everything there is to know about your industry and are well connected BUT they are currently working for the competition and have an employment contract which is full of non-compete clauses. Is there anything that can be done?