You may be offered a new Contract before or on starting a new job or be given an amended Contract to sign during your employment. We recommend that you seek advice before agreeing or signing any Contract. What you agree to now may bind you in the future. We can advise you on the terms of the Contract including your contractual benefits such as holiday, sick pay, commission, bonuses, private health care or restrictive covenants.
You may be approaching the end of your employment or thinking of resigning and not know which clauses will continue to apply post-termination. Employment obligations can arise on termination. If you breach those obligations it could be costly and may affect your future employment. The only way you can be certain is to seek advice.
You should seek advice on your specific circumstances before taking any steps as you could prejudice your position. We can answer these questions in plain English and provide you with practical advice.
In McCann v Snozone Ltd ET/3402068/2015, Snozone Ltd appointed an employment agency to recruit suitable candidates for two maintenance engineer vacancies. Mr McCann applied and attended two interviews with Snozone. He received a call from the agency confirming that Snozone wished to offer him the job with a salary between £28,000 and £30,000. Mr McCann verbally accepted the offer.
He received a second call stating that Snozone were pleased that he had accepted their offer. He was told that a written contract would be with him by the end of the week. Mr McCann later contacted the agency as he hadn’t received any documents.
The phrase ‘mixing business with pleasure’ is one which we are all familiar with. Personal relationships in the modern working world can present risks to businesses, particularly where they involve relationships between employees of competing companies. Controlling information being passed between companies is likely to be difficult to police, could result in damaging relationships with talented employees and potential employment tribunal claims. Deciding what action to take, if any, where there is a need to protect confidential information is likely to be an undesirable task for any employer. So how do you manage the situation? We set out some guidance below on the considerations and steps which you might like to adopt to minimise conflict and to protect the businesses interests.
In Carreras v United First Partners Research (UFPR), the Employment Appeal Tribunal (EAT) has overturned an Employment Tribunal’s decision that an expectation or assumption that an employee would work late was not a provision, criterion or practice which may give rise to the reasonable adjustments duty. The Tribunal had held that Mr Carreras had not properly pleaded the fact that he was subjected to a disadvantage by being expected to work late by stating that it was a ‘requirement’. Mr Carreras argued, on appeal, that he was not referring to a ‘requirement’ in a statutory sense but to demonstrate the PCP.
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