Employment Contracts and Policies

Employment Contracts

Staff contracts

Our employment law team drafts and advises on a wide range of employment contracts, including:

• Employee contracts: We ensure that your employee contracts comply with all relevant UK employment legislation, including provisions on pay, hours, holiday, notice periods, confidentiality, and data protection.
• Self-employment contracts: We assist in drafting and reviewing contracts for independent contractors, ensuring they accurately reflect the nature of the working relationship and comply with current legislation regarding worker status and IR35.
• Service agreements: We advise on and draft service agreements for directors and senior executives, tailored to their specific roles and responsibilities. 

Whether you need bespoke, tailored contracts of employment for individuals or more generic contracts of employment that can be used for groups of employees; our Employment team can create documents that work for your business. 

Incentive schemes

In addition to core employment contracts, we assist in the design and implementation of effective incentive schemes. Our advice ensures clarity and fairness in these schemes, minimising the risk of disputes.

• Bonus schemes: We help you design and implement effective bonus schemes that are legally compliant, motivate your employees and most importantly protect your business.
• Commission schemes: We advise on the structure and legal implications of commission schemes for sales teams and other relevant employees.
• Share schemes: We advise on and draft various share schemes, including Enterprise Management Incentives (EMIs), Share Option Schemes, and Share Incentive Plans (SIPs), to help you attract, retain, and motivate key employees.

Policies and Handbooks

Employee Handbooks and Policies: Setting the Foundation for a Successful Workplace

A well-structured employee handbook and clear, up-to-date policies are fundamental to a well-run business. They provide a framework for consistent management practices, communicate expectations to employees, and ensure compliance with employment law. Our team can assist you in developing comprehensive handbooks and policies that cover a wide range of crucial areas, including:

• Disciplinary and Grievance Procedures: Establishing fair and transparent processes for handling disciplinary matters and employee grievances.
• Equal Opportunities and Diversity: Promoting a diverse and inclusive workplace and ensuring compliance with equality legislation.
• Sexual Harassment: We ensure your policies comply with the new duty under the Worker Protection Act to take reasonable steps to prevent sexual harassment in the workplace.
• Data Protection: Outlining your obligations under data protection law and ensuring the responsible handling of personal data.
• Social Media and IT Usage: Setting clear guidelines for employee use of social media and company IT resources.
• Absence Management: Establishing procedures for managing employee absences, including sickness absence and other types of leave.

By having robust handbooks and policies in place, you can minimise the risk of employment disputes, promote a positive work environment, and ensure your business operates smoothly and efficiently.

Restrictive Covenants

In today's competitive business environment, protecting your confidential information, client relationships, and market share is crucial. Restrictive covenants, also known as post-termination restrictions, are legally binding clauses within contracts that limit an individual’s activities after they leave your company. Our specialist employment law team advises businesses on drafting, implementing, and enforcing these vital protections.

What are Restrictive Covenants?

Restrictive covenants are designed to prevent former employees from unfairly exploiting the knowledge, contacts, and resources they gained during their employment. Common types of restrictive covenants include:

• Non-Competition Clauses: These prevent former staff members from working for a competitor or setting up a competing business within a specific geographical area and timeframe.
• Non-Solicitation Clauses: These prohibit former staff members from soliciting your clients, customers, or employees for a specified period.
• Non-Dealing Clauses: These prevent former staff members from doing business with your clients, even if they didn't actively solicit them.
• Confidentiality Clauses: These protect your sensitive business information, such as trade secrets, pricing strategies, and customer lists.

Restrictive covenants are a useful tool to utilise, but it is one that an employer needs to impose reasonably in order to protect their legitimate business interests. We draft clear, enforceable, and tailored restrictive covenants that are specific to your business needs and comply with current UK law. We also review existing contracts to identify any potential weaknesses or enforceability issues. 

Breaches of Restrictive Covenants

We have a strong track record of successfully enforcing restrictive covenants, including obtaining High Court injunctions and other remedies to protect our clients' businesses. Our experience in this area means we can effectively navigate complex legal proceedings and achieve the best possible outcomes for our clients through legal means, including; 

• High Court Injunctions: We have secured injunctions to prevent former employees from breaching their restrictions, effectively stopping them from engaging in prohibited activities.
• Damages Claims: We pursue claims for financial compensation where breaches have caused financial losses to our clients.
• Other Remedies: We explore all available legal options to protect your business interests, including seeking court orders for the delivery up of confidential information.