Restrictive Covenants
The Employment Law specialists at Banner Jones are able to advise you on any issue that may arise as a result of restrictive covenants in a employment contract.
Restrictive Covenants in Chesterfield, Sheffield, Dronfield and Mansfield
We can help with your employment issue
The Employment Law specialists at Banner Jones are able to advise you on any issue that may arise as a result of restrictive covenants in a employment contract.
Restrictive covenants, also known as post-termination restrictions or non-compete clauses, are terms in employment contracts or other agreements which seek to restrict an individual’s ability to compete with their employer’s business once they have left that employment.
The Employment Law specialists at Banner Jones are able to advise you on any issue that may arise as a result of restrictive covenants in a employment contract, shareholder agreement, partnership agreement, settlement agreement, business/share sale agreement or consultancy agreement.
The law relating to restrictive covenants is complex and ever changing, whilst the consequences of breaching a valid restrictive covenant can be harsh and expensive, with employers having the ability to seek injunctions against former employees, as well as damages for any loss they incur as a result of any breach of an enforceable covenant. Having said that, in order to obtain an injunction or damages, an employer must show that they have a legitimate business interest to protect and that the restriction goes no further than necessary to give them that protection.
As a general rule, non-competition clauses that prevent an employee from competing with their former employer’s business are unenforceable because they are viewed as unlawful restraints of trade, whilst non-solicitation or non-dealing clauses are allowed as they are designed to go no further than reasonably necessary to protect the employer’s legitimate business interests. However, this varies from one sector and industry to another and one role to another. You should therefore seek expert legal advice about the wording of any restrictive covenant in light of the sector or industry you work in.
We can help you understand the implications of any restrictive covenants before signing up to them, but can also help you when you are looking to leave your employment to determine whether such restrictions are likely to be enforceable in light of the limitations set out in case law.
Common Restrictive Covenants Questions
If you are living with a person who is pregnant, elderly, or suffering with a disability that means they are in a high risk group, your employer should consider adjustments, such as enabling you to work from home. If your employer still forces you to go to work, you may have a claim for constructive/unfair dismissal, particularly if your work environment does not have social distancing measures in place. This will depend on your personal circumstances and the nature of your job role. For example, you may have a claim for unfair dismissal and discrimination if you are dismissed whilst ‘shielding’ following government advice, and you are able to carry out your work from home. Unless your employer has specified in your employment contract that it can reduce your salary, then no. If your employer proposes to reduce your pay, they must obtain your agreement. If your employer has reduced your wages without your consent, you may have a claim for unlawful deduction of wages and / or constructive dismissal if you chose to resign . You need to be able to justify if you are asking for certain levels of experience. Advertising for a bus driver who is safe and has had previous experience is one thing advertising for a bus driver with 10 years’ experience is another. The first option leaves your job advert open for all ages to apply. The second rules out individuals who may be in their early twenties. Other points to consider when recruiting new employees: Once you have selected an appropriate employee ensure managers and staff are trained to monitor and avoid any discriminatory behaviour. Also make sure it is clear within any policies you have that discrimination in any form is unacceptable. Ensure managers are fully trained in diversity issues and that they are able to deal with discriminatory issues that arise within the workplace. Yes you need to be aware of these requirements if you employ anyone of any age. They affect every area of employment as well as the recruitment and selection process. The requirements not only make it unlawful to discriminate on the grounds of age but also harassment whether it be intentional or unintentional or to victimise an individual. You need to worry not only about your own actions but also your fellow employees who must be discouraged from making offensive or unkind comments about age or anything in between. As with other areas of discrimination if your employee can demonstrate that there has been a difference in treatment which is due to discrimination it is solely down to you the employer to show otherwise or for you to prove that you have done everything in your power to stop such discrimination. There are no limits to discrimination awards and often they include an aspect for suffering, failure to do so can be expensive. When you are recruiting employees you need to ensure you are not discriminating for or against anyone due to their age. This means you cannot advertise specific age requirements in any of your job adverts unless you can justify them. This will depend on what you agree with your employer. Under the CJRS, HMRC will pay 80% of your wages (subject to a cap of £2,500). Provided your employer does not have a contractual right to reduce pay in your employment contract, if your employer intends to only pay you 80% of your wages, they would need your agreement to do so. In 2011 legislation new legislation was introduced making it unlawful to treat anyone differently due to their age except if it could be justified or falls within one of the exemptions to the law. The retirement age of 65 has now been phased out meaning employers can now only forcibly retire workers if it can be justified. The Employment Equality (Age) Regulations came into effect in October 2006. The retirement age of 65 was phased out between April 2011 and October 2011. If your commission is contractual, then yes (subject to above). If not, your employer will not have to pay you commission you would usually earn.
Can I be forced to attend work if a member of my household is a vulnerable person?
Can my employer dismiss me if I do not want to return to the office?
Can my employer reduce my salary?
Do we have to do anything else in our recruitment adverts?
Do we need to worry about these requirements if we employ people in their 50’s and 60’s?
How does age discrimination requirements effect the recruitment process?
How much will I be paid on furlough leave?
What are the conditions of age discrimination?
What year did the requirements of age discrimination come into effect?
Will I also receive my usual commission during furlough leave?
Areas Covered
Expert Employment Law Solicitors
Our expert employment law solicitors are highly experienced and will treat each case uniquely depending on your circumstances. Our employment law specialists achieve solutions through confidential settlements and are always on hand to provide support when resolving employment law problems. We have worked on many employment law cases and each individual receives the upmost care and consideration throughout the case.
If you have an employment problem, often it is something else for consideration within your case, so it is always worth contacting an employment law solicitor and finding out for certain.
At Banner Jones we can advise you on your legal rights regarding employment law, where they relate to the following:
- Disciplinary and Grievance matters
- Unfair Dismissal
- Redundancy Advice
- Discrimination in the Workplace
- Bullying and Harassment
- Ill health and Disability matters
- Family Friendly Rights
- Contracts of Employment and Policies
- Restrictive Covenants
- Employment Tribunals
- Protected settlement Discussions
- Trade Union Representation
- Mediation
- Funding your Employment Law Case
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I recently used Katie Ash for an employment settlement agreement. I found her to be very knowledgeable, friendly and she explained points clearly, and used understandable language.
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Straightforward explanation of each section of the settlement agreement with ample opportunity to ask questions and have “plain English” discussion. An open and friendly, but professional manner was evident from the advisor.
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We have used Banner Jones for employment advice for over 20 years and the team have always found the best approach to resolve our problem
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Very easy to make appointments, very personal service from all people at Banner Jones, my solicitor was very friendly and put me at ease. If I needed a solicitor again, Banner Jones would be the first on my list.
Mr C, Dronfield
Brilliant service, kept well informed all the way through the process. Would definitely recommend.
Miss H, Nottinghamshire
I was so impressed with Katie’s advice. She was very professional, to the point and helped me in what was a very difficult situation. Her advice gave me the confidence I needed and was a real boost.
Mr D, Chesterfield
Cannot fault the service, efficient, prompt and cautious. Matters explained very well and clearly. Pleasantly surprised.
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Service provided was excellent. All the staff were very helpful, considerate and professional. I would highly recommend to friends and family.
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I have always experienced complete satisfaction with Banner Jones and their services over the last 15 years.
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A very pleasant experience in very unpleasant circumstances. Katie was on the ball, whereas my employer wasn't. Thank you Katie!
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Very efficient, friendly, personable and excellent service.
Mr F, Bolsover
Once again an excellent service. A friendly, professional and reliable. I was put at ease straight away and felt I could ask anything however big or small.
Ms H, Nottinghamshire
Excellent service from Sara Patel at Banner Jones. Thank you for the stress free way you helped me.
Mr S, Newbold
The service and information provided by Sara and the company has been friendly, professional and helped close my case swiftly.
Mr B, Chesterfield
I recently needed to find a solicitors to assist with an employment matter, and from the first contact at reception through to my final dealings with Katie Ash, I found the company and all those I came in contact with to be extremely professional and more than competent in all aspects of the proceedings. The service from Katie was exceptional.
Mr H, Old Whittington
Katie from Banner Jones was not only realistic but supportive and proactive to reach a satisfactory outcome for us.
Mrs M, Old Tupton
I would like to put on record and to thank you for the manner in which you dealt with this claim, being both highly professional whilst at the same time showing real empathy.
The outcome was very much along the lines we expected, but at least I got some personal satisfaction from pursuing the matter-- and he got the monies which were properly owed to him.
Mr H
Sara has been amazing throughout the process and I can’t thank her enough. Very professional, always few steps ahead of everything, making sure my case is being taken care of. Sara has been an amazing support on every level, I couldn’t have gone through it without her, she has been my rock. It was a pleasure working with her, I had total trust in her
Ms P, Chesterfield
I remain grateful for your effort, patience and the support you have offered me over the last few months.
Mr F
Very informative and thorough.
Miss M, Staveley
katie was lovely, friendly and explained everything very well to us.
Mr & Mrs B, Warsop
The service provided and advice was very useful and explained clearly to myself. The knowledge of my solicitor helped secure a positive outcome in my case. Thank You
Mr P, Chesterfield
Letter without prejudice
Sara Patel helped me enormously with advice and support regarding my employment matter.
(Employment Law Chesterfield)
Mrs D, Chesterfield
Very Happy
I worked with Sara for nearly a year on my case. During that time not only was she the ultimate professional in dealing with the case, but her friendly manner made it a pleasure to deal with her. I also dealt with other members of the Employment Team and they to were superbly professional. I would strongly recommend that if you have Employment problems liaise with Katie and her Team and you won’t be disappointed with the advice given.
(Employment Law Chesterfield)
Anonymous
Employment Law - Simply Amazing!
"This review is based on my personal experience with Banner Jones and specifically having Katie Ash, who is the Director and Head of Employment Law at their Chesterfield office, support me during a time with for which I had no prior experience. I found the service via another member of the Banner Jones group (in Sheffield), whom I've used for years for my conveyancing, who is equally excellent and thanks to them, got me in touch with Katie.
Katie was unbelievable, an expert in her field and took the stress and emotion out of it and even when I let that emotion surface, her ability to maintain calm and talk me through it, her professionalism, technique and 'real' empathy, alongside her unwavering natural skill was very impressive to watch play out. With little notice from me, the managed to find time somehow for the fire that I'd placed on her plate, and within a matter weeks, it was dealt with. The difference she made to me between the first phone call and the resolution, I can't even put into words, just fantastic.
I cannot thank her enough, her team and all those involved for what they've done for us. And I personally wouldn't hesitate to use them again for any of my own legal needs."
Mr T, Chesterfield
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