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Restrictive Covenants

Are restrictive covenants enforceable?

This is the million dollar question.  It depends on whether the restrictions only go so far as is necessary to protect the business’ proprietary interest.  There are many arguments on both sides about protecting the business assets when staff leave and preventing solicitation and poaching when acting for the employer and being able to freely […]

stress at work

Can sporadic, non-threatening, non-insulting contact with an ex-partner who is also a colleague lead to disciplinary within the workplace if nothing else has taken place in the workplace itself?

The short answer is possibly yes. The question was from a reader but on reading the question it is suggestive that something has taken place outside of the work place. The test for harassment is in the eye of the recipient even if you felt you had not intended the effect to be this. The […]

Redundancy

Am I really redundant?

This is a difficult question to answer as it is very fact sensitive. Redundancy has a specific legal definition which will be the starting point in any case. The definition can be found in s139 of the Employment Rights Act 1996. This states that an employee is dismissed by reason of redundancy if the dismissal […]

Maternity Leave

How much will my maternity pay be?

Firstly you need to check that you qualify for statutory maternity pay. You need to be an employee and have been continuously employed for at least 26 weeks by the end of the Qualifying Week, which is the 15th week before the expected week of childbirth (EWC). Your normal weekly earnings should be not less […]

Settlement Agreement

Should I give my employees a contract of employment?

The simple answer is yes. Firstly, it avoids dispute later if terms between the parties are recorded in writing. It is much clearer than having an oral agreement which can be questioned later. It is also a legal requirement that all employees are given certain information as set out in s1 of the Employment Rights […]

uplift in discrimination cases

How much holiday am I entitled to?

There are two types of holiday entitlement. The basic minimum entitlement set down in law is called statutory holiday entitlement. Your contract of employment can provide for more generous holiday entitlements than statutory holiday entitlements but it cannot give you less. If you work full-time set days then your statutory holiday entitlement is 5.6 weeks […]

statutory payment increases April 2017

I am 56 years old and have been with my employer for 10 years how much redundancy pay will I get?

Assuming that you are an employee and meet the definition of a redundant employee then there is a set way that redundancy pay is calculated. It is based on complete years of service so for these purposes I have assumed that you have ten complete years. Your calculation is based on your age and will […]