Employment contracts Archives - Goldenleaver
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  Should you be entitled to damages when no loss has been suffered? Sometimes an employee has clients who give their work to an employer only because a particular employee works there, and the employer will lose those clients' custom once the employee leaves. Sometimes that employee has post-termination restrictions that prevent them from still dealing with those loyal clients after leaving, but they continue to deal with them anyway. Strictly speaking, the employer has suffered no loss (because the clients would have gone...

In negotiating terms, "no" is possibly the most effective argument available to an employer, but as with all powerful tools, it is double edged and should be used with care. We have noticed an increasing trend amongst employers, particularly banks, which are going through a consolidation process, to provide a fixed termination package and settlement terms. They refuse to discuss either - regardless of the individual circumstances. It is a case of "one size fits all" and generally the size of the...

Varying a contract of employment should be one of the simplest tasks.  Apparently it isn't.  It seems that there's no limit to the number of ways to get it wrong. Hot on the heels of my last comment on this topic in Wess v. Science Museum Group - where the employer got it right - are three more cases that focus on the same topic, but where employers seem to have ignored their basic contract law and public sector employers have wasted...

The answer should be 'No', but in the case of Prophet v Huggett, the court did exactly that. This is a case where the enforceability of a non-competition restriction was challenged because of a mistake in the drafting.  The employer produced its own bespoke software and the restriction stopped the employee from working with a competitor "in connection with any products in, or on, which he/she was involved whilst employed".   As no competitor could sell the employer's own software, the non-compete...

At the time of giving my talk, there was a hope that changes would be proposed to TUPE to make it more flexible and commercial, in particular to enable an employer, taking on new employees following a transfer, to harmonise the terms and conditions which pre-2014 changes, was not permitted. Fast forward to 2014 and The Transfer of Undertakings (Protection of Employment) (TUPE) Regulations 2013 will come into force on 31st January 2014. But will the changes make a difference? Will...

The Government has announced plans for a new kind of employment contract.  It’s called an Employee-owner Contract.  It's a novel idea that's intended to apply from April 2013, but may take some getting used to. The Government will begin consultation on the idea later this month and it will be interesting to see the consequences.  In the meantime, this is how it’s intended to work: employees sacrifice some valuable rights: the right to unfair dismissal, to statutory redundancy pay and to request...