Contracts of Employment
It is a legal requirement that every employer must provide any new employee or worker with a written statement of their terms and conditions before or on the date that employment commences. A statement must cover certain information required by the Employment Rights Act 1996.
It is also an opportunity for employers to formalise a wider contract of employment with the employee to bring clarity of arrangements between employer and employee and ensure the protection of business interests such as confidential information, trade connections and intellectual property.
Our specialist team of employment solicitors can provide you with all employment contracts, policies and procedures necessary to suit the needs of your business, as well as providing you with invaluable advice on how to implement, vary and update contracts and policies, as the employment relationship progresses.
- Conducting a review of all the contracts and policies for a household name education client in order to advise on whether the terms were contractual or non-contractual so that the client could act accordingly
- Producing a handbook and various contracts for employees in different roles for a national client providing consultancy services
- Providing a review of contracts and policies for a large recycling company in connection with advising on a TUPE transfer
- Drafting a new handbook for a manufacturing client, including policies on the new regime of maternity and shared parental leave and pay
- Drafting IT policies for various clients to enable them to manage employee use of IT, inside and outside work, and the right to monitor IT use
- Advising a UK technology business with a US parent company on how best to manage the transfer of data from the UK to the US including advice on the US safe harbour principles
- Advising an international manufacturing business on data protection, how to transfer data safely outside the UK, including European Commission model clauses and Binding Corporate rules
Directors’ Service Agreements
Directors have responsibilities over and above those owed by other employees. It is important to reflect these in the employment documentation. Directors are also more likely to have access to confidential information, trade secrets and the client/customer base of a business.
Our employment solicitors have a wealth of experience in dealing with directors’ service agreements, including providing bespoke agreements to include adequate protection of business interests and clarity around remuneration and benefits, including complex bonus and incentive arrangements.
We are also able to assist with non-executive director appointments, including drafting letters of appointment.
- Drafting board level service agreements and consultancy agreements for an energy supplier
- Advising a large wholesale company in respect of its directors’ service agreements
- Putting in place complex bonus arrangements for the directors of a large retail company
- Drafting and advising on the enforceability of complex golden handcuff arrangements
- Assisting our commercial litigation colleagues with the enforcement of restrictive covenants, including pre-action correspondence, applications for injunctions and damages and search and seize orders
Confidentiality and Restrictive Covenants
We routinely advise employers (and senior executives) in relation to the drafting and enforceability of post-termination restrictions and employee confidentiality requirements, often referred to as restrictive covenants.
Businesses that fail to agree on appropriate confidentiality and post-termination restraints with their senior employees risk potential competition and damage to business reputation and interests. It is also important to ensure this protection is kept up to date to ensure it remains enforceable.
Post-termination restrictions must be drafted in terms that are reasonable and necessary, otherwise, the Courts will not enforce them. We are experienced in drafting documentation to maximise effectiveness. We are also experienced in advising on strategy and practical steps to enforce the benefit of such restrictions.
- Drafting tailored restrictive covenants for various businesses, including advice on non-competition, non-solicitation and confidentiality protection and the appropriate scope of protection
- Assisting our commercial litigation colleagues with the enforcement of restrictive covenants, including applications for injunctions and search and seize orders
- Defending a former senior employee accused of misuse of confidential information and database rights issues
- Advising on the risks of pursuing a team move to a competing business
- Advising a senior employee and new employer in relation to allegations of breach of restrictive covenants and theft of confidential information
- Advising various businesses on the introduction of restrictive covenants to employees who previously had no such clauses in their contracts