If a restrictive covenant is already in your employment contract, you can seek your employer’s consent to have it removed. Depending on the reason, they could refuse this request or it may be removed by an Employment Tribunal if they determine it is unreasonable.
Whilst employers are usually the ones to take the first step in offering a settlement agreement, it is possible to request a settlement agreement from your employer. In this article our Employment team detail what a settlement agreement is and what you need to consider when requesting one.
Non-disclosure agreements have been featured heavily in the news recently due to their controversial nature, and the legality of them is currently being questioned. Whilst NDAs are predominantly used by employers to protect confidential business information, there are certain things in which you cannot be prevented from disclosing, such as information that is already publicly available. Here, our Employment team discuss what else you may be able to disclose, some potential incoming changes to NDAs and why the use of them can be controversial.
Depending on your business, how you use social media and why you use social media, a social media policy should specify the appropriate language to be used on both personal and company profiles, who should be posting on behalf of the company, when employees can and cannot be accessing social media, as well as the sanctions if the social media policy is not adhered to. Here, our Employment team explain more about the detail that should be included within a social media policy.
Carers who are also in full time or part time employment have certain rights and protections, such as the right to time off for dependants and protection from associative discrimination. There are currently 6.5 million carers across the UK who are looking after the country’s most vulnerable people while also working.
This is a complicated area and one that will be dependent on various factors, including the details of your employment contract, when the contact was made and whether they were made due to your own individual efforts. When you leave your employment, LinkedIn could be a potential threat to your former employer as you can notify all of your contacts at the same time of your new position just by updating your profile, which could be a risk if your new employer is a competitor to your previous one.
Settlement agreements are increasingly being used by employers in dismissal or redundancy situations; after signing a settlement agreement an employee has waived their rights to bring a claim against their employer. While they are usually standard documents, it is important that the clauses are reviewed to ensure that they best suit their individual needs. Our Employment team reviews here the most common terms used in settlement agreements, and what you should do if you are asked to sign one by your employer.
Settlement agreements are commonly used to settle or waive any employment related claims an employee or worker may have against an employer. Our Employment team specialise in advising employees and workers on their rights regarding settlement agreements, and are regularly asked whether the payment they receive will be taxed. Here, the team answer this question, as well as advise on the next steps should you be presented with a settlement agreement.
If you feel you are being treated detrimentally, or you have been dismissed, due to reporting on your employer, you could have a claim for whistleblowing. Our Employment team reviews the two different claims you could have in this situation, and how you should proceed if you have questions.
With the continued rise in employers using restrictive covenants within employment contracts, it is important that employees are aware of their rights and responsibilities, from signing the contract of employment to their enforceability once they move to different employment.
If you have been dismissed or made redundant, you may be presented with a settlement agreement from your employer. These agreements are increasingly being used by employers in these situations as by doing so you are waiving your right to bring a claim...
There are two ways that you can ask for flexible working: A statutory request (a request made in writing which can only be made once in any 12-month period). A non-statutory request (a request made if you’re not eligible to make a statutory request,...
GDPR has been effective for almost six months now and the Information Commissioner’s Office (“ICO”) has prosecuted or taken other enforcement action (and imposed monetary penalties, enforcement notices, or demanded undertakings)...
Our Employment team are delighted to welcome a new Trainee Solicitor to their team; Pam Kamel. Pam has worked at Warner Goodman since 2015, beginning in the Residential Conveyancing team in Portsmouth before moving to the Commercial Property team as a...
Celebrations continue in the Southampton office of Warner Goodman as Gina McCadden has qualified into the Employment team. Gina joined the firm in September 2014 working as a Paralegal in the team. Prior to this, she studied law at the University of...
Chris Greep, Employment Solicitor, explains the situations where a constructive dismissal claim may be an option, the steps you can take before you resign and how to proceed in your claim if things do not improve.
Mr Smith worked for Pimlico Plumbers for five and a half years, until he suffered a heart attack; the contract was terminated four months later. Following this, Mr Smith brought claims to the Employment Tribunal (ET) for unfair dismissal, wrongful dismissal,...
Tuesday 1st May is an important day for Chris Greep, who has been a Warner Goodman Trainee Solicitor for the last 18 months, as this is the day he becomes a Solicitor.
According to Francis Goss, chief commercial officer at consultancy AHC, employees, especially younger workers, do not understand their pension rights and could be risking their financial stability in the future.
An employment contract is a legal agreement between an employee and their employer. There are rules in place relating to changes of any of the terms of the contract. Emilie Gas, Trainee Solicitor, here explains how an employer can change an employee’s contract without their consent.
A New Year makes us all think about resolutions; some of us join a gym to get fit, some of us may wish to volunteer more, and apparently one in three of us would like to start a new career or change jobs.
Employees across the country are today warned to reconsider using their employer’s communications systems and their working time to send personal messages after the European Court of Human Rights (ECHR) ruled that companies could monitor workers’ communications online.
The use of restrictive covenants has grown significantly in recent years as our economy and job market improves, encouraging new business start-ups and heightened competition. The onus of proper use of restrictive covenants has tended to fall towards the employer, but employees must also be sure to act within the restrictions in their contract, otherwise they could face legal action such as an injunction or a claim for damages
The European Court of Justice has ruled against claims for maternity benefits by mothers whose babies were born through surrogacy in two cases just announced, with the decisions coming weeks after the UK has agreed legislation that will put both intending surrogate and adoptive parents on the same footing as natural parents from next year. Howard Robson, Employment Partner, reviews the two cases and the impact this has on employers and employees.
The Employment Team at Hampshire based law firm, Warner Goodman LLP, has recently expanded as Emma Wyatt becomes a fully qualified solicitor after completing her 2 year training contract with the firm.
Recent proposals from the Chancellor, George Osborne, for a new type of employee-employer relationship have Howard Robson, Employment Partner, wondering what impact, if any, these could have on employees and employers around the country.
In the last few weeks zero hours contracts have been in the focus of the media following the publication of various statistics which demonstrated that they are far more widely used than previously thought. In particular, statistics were released showing that workers on zero hours contracts earn, on average, £6 an hour less and that there are more than a million workers on zero hours contracts.
We all know that feeling, first day of the holiday and down with a hideous virus. Well, until recently an employee has had to pull up the duvet and hope for better luck next time a holiday comes around, unless their boss is sympathetic says Howard Robson, employment law partner at Hampshire based law firm Warner Goodman Commercial.
As with a lot of things in today’s world, an employment tribunal claim can be commenced at the click of a button, and at no cost. However, following Government responses to the Charging Fees in Tribunals and the Employment Appeal Tribunal consultations in July 2012, it is likely that from Summer 2013 there will be the introduction of a fee structure to the tribunal process.