You are the most important asset of any business and, whatever your role, you’ll work more effectively when working within a team that’s aiming for a common goal and in tandem with the business owners.
We advise staff at all levels on how to deal with any employment issue. Let us know what you wish to achieve and, once we understand the end game, we’ll advise and assist you on how to get there. We will also make sure that our advice is cost-effective and can adapt our pricing to meet your needs.
Bringing a claim in the Employment Tribunal can be a daunting experience. In order to maximise the prospects of succeeding in a claim, or the level of settlement, having an experienced solicitor on your side can make all the difference.
A time comes in most people’s careers where they need to think about changing jobs; be that to climb the employment ladder, to achieve a better work life balance, or because of ongoing disputes.
Many business look to incentivise their staff by way of attractive bonus schemes.
Bonus schemes will often say that they are “discretionary”, and employers often seek to rely on the element of discretion when deciding whether or not to award a bonus at any given time. However, in law, whether or not a bonus is truly discretionary is subject to various tests.
If you are involved in a dispute with your employer regarding a bonus our experts will be able to advise on the legal position and undertake any negotiation on your behalf as appropriate.
As well as advising a large number of companies and business owners in relation to senior appointments, we regularly advise Directors and high net worth individuals in relation to their contracts.
Whether you are entering into a Contract of Employment, Director’s Service Agreement or Consultancy Agreement (contract for services), if it is a senior position we can give specialist advice on issues such as restrictive covenants, employment status and details of any bonus schemes.
In the event that any negotiation is required in respect of the terms, we can undertake that on your behalf, or give you the ammunition you need to ensure that your terms and conditions place you in the best position.
If an employer is concerned that its staff could harm the business when they leave, they will often include restrictive covenants in the contract of employment or consultancy agreement.
Restrictive covenants are most commonly used to prevent the solicitation of clients, dealing with clients, working in competition, or soliciting senior staff.
Given that restrictive covenants can prevent people from working, or at least working in their chosen industry for a period of time, whether or not they are enforceable in the Courts is subject to strict provisions. For example, in order to be enforceable a restrictive covenant needs to: –
- Protect a legitimate business interest
- Be sufficiently narrow in scope in terms of duration and geography so as not to amount to restraint of trade
- Be sufficiently well drafted so that it is clear what is being protected.
If a business is concerned that a departing employee is in breach, or is likely to be in breach of restrictive covenants they may serve injunctive proceedings in order to enforce the restrictive covenants. If the business has lost money because of a breach of a restrictive covenant, the business may sue for breach of contract.
The implications of restrictive covenant litigation for individuals can be serious. The legal fees can be very high, and moreover, where financial damage is in play, there is a risk of having to pay huge sums in compensation.
If you need advice on restrictive covenants in your contract, or if you have been issued with a threat of proceedings in respect restrictive covenants, our experts will be able to advise on the enforceability of the covenants and how best to deal with any threatened litigation.