Using an employee non disclosure agreement
Under an employee non disclosure agreement, both parties are bound by confidentiality provisions, such as preventing the employee from disclosing certain specified information relating to the conduct of the employer or the termination of the employment contract. Non disclosure agreements (NDAs) and confidentiality provisions in the employment context have generated plenty of publicity over the […]
Different employment contract types
An employment contract is an agreement outlining the conditions of an individual’s working relationship and arrangements, including rights, responsibilities, working hours, salary, any benefits, and holiday entitlement. It should preferably be in a written format and signed by both the employer and employee to act as a binding agreement and setting out the legal obligations […]
Directors’ service agreement: protect your business
Directors have specific statutory duties and responsibilities in relation to the organisation, which should be addressed within a directors’ service agreement. More than a compliance requirement, the agreement can also be used by the business to protect its interests in the event of the director’s exit. What is a directors’ service agreement? In many cases, […]
Withdrawing an offer of employment
Withdrawing an offer of employment is a decision not to be taken lightly. Before you take action, ensure you understand the legal risks of rescinding a job offer. In most cases, it is unlikely that an employer would want, or need, to withdraw a job offer once it has been accepted. However, even where an […]
Custom and practice in employment contracts
The relationship between an employer and their employees is typically considered to be set out in the employment contract between the employer and each employee. However, while a vital component of the employment relationship, the individual employment contract is not the only source of the parties’ rights and duties. Implied terms, including those arising as […]
Mobility clause: advice for employers
Mobility clauses can be a blessing and a curse. If drafted carefully and with thought, they can assist an employer to maintain its workforce if the workplace has to change location and so provide certainty in this regard. However, if the wording is drafted too widely, is unreasonable or the employer fails to adequately consider […]
Breach of employment contract: essential guide
If an employer or employee breaks or fails to meet terms under the employment contract, they may be in breach of the employment contract. Breach of an employment contract can include anything from relatively minor breaches, such as an employer’s failure to pay an employee’s expenses on the correct date, to fundamental breaches of contract […]
Written statement of employment particulars
All employers are required to provide a written statement of employment particulars to all employees and workers employed on or after 6 April 2020 from the first day of employment. What is a written statement of employment? A written statement of employment, or a section 1 statement, is a document which sets out the key […]
Implied terms of employment: rules for employers
The contract of employment is a legally binding agreement between employer and employee, setting out the terms and conditions governing the working relationship between the parties, including their rights and responsibilities. By understanding the nature of the employment contract, together with its constituent parts, not least the express and implied terms of employment, this will […]
Notice period to change employment contract terms
Changing an employee’s contract of employment is not something you can usually do without their consent. Further, even where the employment contract contains some form of flexibility or variation clause, you can only make use of this type of contractual provision where it is reasonable to do so and having provided the employee with sufficient […]
