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Employment

We advise on all aspects of Employment Law whether for Employer or Employee, including:

• Compromise Agreements on Termination of Employment
• Absence from work
• Contracts of Employment
• Disciplinary action
• Discrimination
• Dismissal
• Enforcement of Restrictive Covenants and Confidentiality provisions
• Grievance and Disciplinary Procedures
• Harassment
• Health & Safety
• Human rights
• Maternity and Paternity issues
• Redundancy
• Termination of Employment
• Transfers of Employment on Sale / Purchase / Merger / Outsourcing
• Unfair Dismissal

We have a particular interest and experience in Compromise Agreements (where an agreement has been reached between Employer and Employee for the termination of employment) and the enforcement of Restrictive Covenants, e.g. anti-poaching of customers or staff or working within a certain radius.

Compromise Agreements

A Compromise Agreement is an agreement between Employer and Employee setting our various terms relating to the termination of the Employee's employment.  It is often used to ensure finality.  Once implemented it means neither the Employer nor the Employee can make any claims against the other (with minor exceptions) in the Employment Tribunal or other courts; it basically "compromises" their relationship.  They are common in redundancy situations or where there is any dispute between the Employer or Employee.  No one is bound to enter into the Compromise Agreement.  There are advantages and disadvantages for both Employer and Employee. 

Compromise Agreements are creatures of statute.  As such, certain complicated formalities have to be satisfied and considered, not least Tax considerations, the consequences of the Agreement and the terms imposed.  They can raise obligations that neither party anticipated.  It is, therefore, essential as well as a legal requirement that a legal representative is involved.

We have considerable experience in negotiating, drafting and advising both Employers and Employees on Compromise Agreements.  For Employees, all Compromise Agreements should provide a provision for your Employer to pay our costs and so it won't cost you anything in most cases.

For those in a hurry, please refer to our "Compromise Agreement Express Service".

Restricitive Covenants

An existing or proposed contract of employment may impose restrictions on what an Employee can or cannot do after the termination of his or her employment, e.g. non-poaching of  customers, suppliers or existing staff, the inability to work within a certain area or competing business and disclosure or use of certain information obtained during employment.  Never underestimate the importance of these provisions, why they are imposed and the effect of their enforcement.   As an Employer, if you need to protect such matters, your Restrictive Covenants need to be precise and accurate and for an Employee, you need to know exactly whether they are enforceable and the consequences if they are.  

Here's a tip: In response to  a well drafted Restrictive Covenant (and there are many badly drafted ones) to prohibit an ex-employee poaching or doing business with the previous Employer's customer, it is no defence to argue "the customer came to me without any contact or prompting from me".  That is such a costly mistake so many Employee's have made.

Contact Nigel Jones for further information.  Email: nigel.jones@jmdlaw.co.uk