Do you need a team of employment law solicitors who specialise in employment contracts?

Solicitors Specialising in Contracts of Employment

Our team has years of experience in helping employees with all aspects of employment contract issues. Whether you simply want a second pair of eyes to look over your new contract, or you need to take your employer to court or the tribunal over a breach of contract, you can rely on BTMK to protect your best interests.

Our expert team are able to check that your employment contract complies with all legal requirements and carefully analyse any specific terms or clauses such as restrictive covenants to make sure they’re not too restrictive. Sometimes a “non-compete” clause may be included in your contract. If you sign and it includes such as clause, it means you’ll not be able to work with a competitor or set up your own company that competes with your employer, even after you leave your current employment. All of these clauses are, however, subject to reasonableness and the law is complex and technical.

When you work with us, however, you won’t just receive a legal service. We fully understand that disputes with employers over contracts can be extremely stressful and long-winded, especially if you’re considering resigning from your position. Our solicitors are compassionate and will listen to all of your concerns to try and limit the stress and disruption that a contractual dispute can cause.

We have a team of employment law solicitors in Essex, and we have offices across the region and in London. If you require legal advice relating to an employment contract, please contact us by calling 03300 585 222 or by sending an email to info@btmk.co.uk.

Why Instruct Our Employment Law Solicitors?

Your contract of employment governs your relationship with your employer. You are entitled to receive at the very least a statement setting out the main terms of your employment including but not limited to, the date your employment starts and the date your continuous employment began, your hours of work, holiday entitlement and place of work.

Our highly experienced contract of employment solicitors will:

  • Advise you on the terms of your contract of employment including any restrictions which take effect when you leave your employment and may affect your ability to accept other offers of employment.
  • Ensure you are protected as possible if the worst happens, and you have to move on.

We have a particular specialism in advising in relation to contracts of employment for Directors of owner-operated companies, to ensure that the contracts are compliant with existing company documentation, as well as complicated contracts containing restrictions in sensitive sectors such as banking, finance, and insurance.

FAQs

Will a change in company ownership affect my current contract?

During the time that you’re employed, the company you work for may get sold or transferred to a new owner. If this does occur, your new employer may try to impose a new contract on you and your fellow colleagues. Fortunately, your contractual rights are legally protected under Transfer of Undertakings (Protection of Employment) Regulations.

What should I do before signing a contract of employment?

The first thing you should do is check that the terms match up with everything that was offered during the recruitment process. You should also consider any post-termination restrictive covenants in your previous or new contract. If any terms in your new contract breach any restrictive covenants in your old one, then you need to contact a solicitor before signing anything.

What is a non-compete clause?

A non-compete clause prohibits an employee from engaging with a business that competes with their current employer’s business. Whilst your employer can’t force you to sign a non-compete clause, they could terminate your contract or choose not to hire you.

I've been offered a settlement agreement; do I need a solicitor?

Yes, because you’re waiving our contractual and statutory employment rights. Contractual rights are those included in your contract of employment whilst statutory employment rights are legal rights that are afforded to you by law. Employment law is complex, and before you can accept the terms set out in a settlement agreement, you need to prove that you’ve taken the appropriate legal advice.  Our teams are very experienced in advising on settlement agreements, even those which are seeking to terminate employment contracts which have share options or other complex provisions. We have a process whereby we can meet with you at short notice, often by video-conferencing, to enable an experienced lawyer to ensure you understand precisely what you are signing up to.

Is there a time limit for bringing a claim forward for unfair dismissal?

A claim for unfair dismissal must be bought forward within 3 months of the date that your employment terminated. However, before you can bring a claim forward, it’s compulsory to use the ACAS early conciliation service.

My employer is letting me go, am I entitled to a redundancy payment?

Every employee that’s been dismissed by reason of redundancy is entitled to a payment if they’ve been working for their employer for the minimum of 2 years. A redundancy payment is determined by your age, the length of time you’ve been with your employer and the salary stated in your contract of employment.

What is constructive dismissal?

Constructive dismissal occurs when an employee is put into a situation where they have no other choice but to formally resign from their role. It has to be a serious situation and not just because an employee simply wants to leave. It must be due to the conduct of an employer and a breach of an employment contract.

What are unlawful deductions from wages?

Under the Employment Rights Act 1996, employees are protected from unlawful deductions from their wages, which can be unpaid or underpaid wages. Examples of unlawful deductions can include non-payment of wages, non-payment of contractual sick pay and non-payment of holiday pay.

Fiona McAnaw

Litigation & Dispute Resolution, Employment

Samantha Hyslop

Litigation & Dispute Resolution, Employment

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