The Employment Rights Act 1996 (as amended) also sets out mandatory employment particulars which must be included. We will work with you in the most efficient way possible and either recommend updates to your existing documents or provide a customised version of our recommended contract to fit with your commercial business needs. We have experience across a variety of industry sectors.
We are able to draft and review all types of contracts of employment including fixed term, temporary, part-time and zero hours. Once we have produced legally compliant templates for the variety of employment scenarios we will then train you regarding how to complete these for individual employees going forward. We can work with you to protect your business from departing employees by drafting customised restrictive covenants to curtail your former employees activities for their new employer.
Confidential Information
Often there is highly sensitive and commercially valuable information relating to your business to which the employee may have access while employed by you. You ought to ensure that during the employment, and afterwards, that such information is protected and cannot be used to your detriment by, for example, falling into the hands of a competitor.
Post –Termination Restrictions
While many regard these as unenforceable, properly drafted restrictive covenant clauses should be enforceable and can therefore prevent an outgoing employee from:
- working in competition
- soliciting business and/or dealing with your clients/customers
- attempting to take other staff with them to a competitor
- interfering with supplier relationships
- holding themselves out as still connected with your business.
However, for such clauses to be enforceable they need to be carefully drafted. Clauses that are drafted too widely may be held unenforceable because they are in restraint of trade. In order to maximise the chances of restrictions being held to be valid they should be specific to your business and provide no more than adequate protection of your legitimate business interests.
Intellectual Property
If there is a possibility that your employees may develop or be involved in developing new inventions, designs, technology or ideas while employed by you, you should ensure that such information belongs to you and is protected. Particularly for technology businesses and other employers involved in areas where IP rights are being created, it is vitally important to ensure that employees’ contracts contain appropriate provisions.
Garden Leave
Often misunderstood, garden leave only applies once notice has been served by either party. Typically, where a departing employee is going to a competitor it may be prudent to keep them away from the business in order to protect confidential business information. If you want the flexibility to not provide work (which may otherwise place you in breach of Contract) then you need to clearly specify what is to happen for garden leave purposes in the Contract. Without valid garden leave provisions any restrictive covenants in the Contract may be unenforceable.
Social media/internet and email
If employees have access to your information and communication systems then you should ensure that the Contract contains adequate protection to allow such facilities to be monitored to ensure they are not abused. Where the Contract is silent on this you may be in breach by, for example, monitoring email or internet usage.
Deductions
You are only allowed to make deductions from an employee’s salary in very limited situations. You need the express written permission of an employee to make deductions and the Contract is the ideal place to record the ways in which you can make deductions.
Resignation from Office
If you are engaging a Director, you should ensure that you can require the Director to resign his/her office/Directorship should his/her employment come to an end and, again, the Contract is one way in which this can be achieved.
