![]() ![]() “Offer letters may not exactly match the contract terms…” The employer could not provide the High Court with a signed copy of the contract which included these covenants, and so could not convince the High Court that the Operations Director was bound by these terms. In the recent High Court case of Tenon FM v Cawley, the employer tried unsuccessfully to enforce restrictive covenants against its Operations Director to stop her poaching a colleague to come to work with her at a competitor. Time-consuming though it might be, always make sure you have a signed copy of the most recent version of the contract on file. “New starters do not always return their signed contract…” In any event, it is best practice to issue employment contracts before the employee commences employment and it is essential to do this if the contract contains restrictive covenants. The rules will require more information to be included than is currently required. Even if their employment ends before two months have passed, as the Employment Appeal Tribunal recently confirmed in Stefanko and others v Maritime Hotels Ltd, you are still required to provide the statement of particulars.įrom 6 April 2020, you will need to issue the statement of particulars on or before their first day to all workers, as well as employees. If you do not, an employee may be able to claim two to four weeks’ pay (subject to the statutory cap) from you. Currently, you have to give this to the employee within two months of their start date. You need to ensure that every employee who works for you for at least one month receives a statement of particulars setting out key terms such as pay, hours and place of work. “We can be a bit slow issuing contracts…” Should you fall out with an employee, a clearly-worded contract that is fit for purpose for that individual and up-to-date can go a long way towards protecting your business.Įlizabeth Bartle, employment law expert with Ingram Winter Green in London, runs through some common mistakes and how to avoid them, as well as a couple of changes to watch out for from April 2020. ![]() Tempting though it might be to hand out the same contract of employment for new starters year after year, putting a little time into preparing your contracts could pay dividends in the longer term. ![]()
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