Following our post below, we often advise employees on other provisions that apply upon termination of employment (that is, aside from confidentiality), including non-solicitation and non-compete provisions. Non-solicitation provisions prohibit ex-employees from soliciting/dealing with certain individuals closely related to their ex-employers (employees, customers and suppliers). Non-compete provisions prohibit ex-employees from setting up a business which […]
Entries Tagged as 'Independent Legal Advice'
Employment Law, Restrictive Covenants, Employment Contracts, Compromise Agreements
January 17th, 2012 · No Comments · Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Contract of Employment, Employment Lawyers, Employment Solicitors, Independent Legal Advice, Non Compete, Non Solicitation, Post Termination Restrictions after Signing a Compromise Agreement, Redundancies, Redundancy, Redundancy law, Restrictive Covenants
Tags: Compromise Agreements·Employment Contracts·employment law·Restrictive Covenants
Employment Law, Indemnity, Tax, Compromise Agreement
January 11th, 2012 · No Comments · Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Employment Lawyers, Employment Solicitors, HMRC, Indemnity, Independent Legal Advice, Redundancies, Redundancy, Redundancy law, Taxation
The issue of redundancy tax can be a confusing one. Compromise agreements usually contain tax indemnities, meaning if Her Majesty’s Revenue & Customs (HMRC) makes claims for penalties from an ex-employer, the ex-employee has to indemnify the ex-employer for any taxes due. This would apply if for example, there has been a miscalculation of taxes […]
Employment Law, Redundancy, Holiday, Payment in Lieu of Notice
January 10th, 2012 · 2 Comments · Choosing an Independent Legal Advisor to provide Advice on the Terms of your Compromise Agreement, Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Employment Lawyers, Employment Solicitors, Entitlement to Untaken Accrued Holidays, Holiday Entitlement, Independent Legal Advice, Payment in Lieu of Notice, Redundancies, Redundancy, Redundancy law, Taxation, Untaken Holidays
As employment law solicitors, we regularly advise clients on employee rights in relation to redundancy, particularly around holiday entitlement and whether payment in lieu of notice is taxable (PILON). When it comes to compromise agreements, it is always advisable to clearly set out any untaken accrued holidays and PILON and to show these separately. If […]
Tags: employment law·Holiday·Payment in Lieu of Notice·Redundancy
Employment Law, Redundancy, Confidentiality, Redundancy Pay
December 15th, 2011 · No Comments · Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Confidentiality Provisions in a Compromise Agreements, Contract of Employment, Employment Lawyers, Employment Solicitors, Independent Legal Advice, Necessity for Legal Advice on the Terms of Your Compromise Agreement, Post Termination Restrictions after Signing a Compromise Agreement, Redundancies, Redundancy, Redundancy law, Redundancy Pay, Repayment of Redundancy Pay, Restrictive Covenants
Some employees are still not aware of the importance of confidentiality and complying with those provisions within their employment contracts as well as the confidentiality provisions within their compromise agreements. A breach of any of these provisions will in most cases, and at the very least, lead to the employees being made to repay any […]
Tags: Confidentiality·employment law·Redundancy·Redundancy Pay
Employment Law, Redundancy, Payment in Lieu of Notice, Settlement Payment
December 14th, 2011 · No Comments · Choosing an Independent Legal Advisor to provide Advice on the Terms of your Compromise Agreement, Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Employment Lawyers, Employment Solicitors, Independent Legal Advice, Payment in Lieu of Notice, Redundancies, Redundancy, Redundancy law, Redundancy Pay, Taxation
In order for an employer to provide an employee with payment in lieu of notice, this must be referred to in the employee’s employment contract. Some employers are incorporating the notice period as part of the settlement payment, which is tax free. We always advise that there is a risk that Inland Revenue may decide […]
Tags: employment law·Payment in Lieu of Notice·Redundancy·Settlement Payment
Employment Law, Compromise Agreements, Confidentiality, Employment Contract, Post-termination
November 4th, 2011 · No Comments · Breach of Confidential Information, Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Confidentiality Provisions in a Compromise Agreements, Contract of Employment, Employment Lawyers, Employment Solicitors, Independent Legal Advice, Keeping the Terms of your Compromise Agreement Confidential, Necessity for Legal Advice on the Terms of Your Compromise Agreement, Redundancies, Redundancy, Redundancy law, Restrictive Covenants
Employees must at all times remember that there are confidentiality terms in their employment contracts. Post-termination of employment, employees will still be bound by the confidentiality provisions in their employment contracts as well as the confidentiality provisions in their compromise agreements. If you require further information about redundancy law, please contact us at enquiries@rtcooperssolicitors.com or visit one […]
Tags: Compromise Agreements·Confidentiality·Employment Contract·employment law·Post-termination
Employment Law, Redundancy, Compromise Agreements
October 31st, 2011 · No Comments · Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Employment Lawyers, Employment Solicitors, Independent Legal Advice, Job Offer, Job Offer during consultation period, Necessity for Legal Advice on the Terms of Your Compromise Agreement, Offer of Employment, Redundancies, Redundancy, Redundancy law, Redundancy Pay
Employees facing redundancy can be very optimistic about their futures. We advise a large number of employees on their compromise agreements and it’s those employees that take a positive view on redundancy that seem to have a job even before their termination date. If you require further information about redundancy law, please contact us at enquiries@rtcooperssolicitors.com or […]
Employment Law, Compromise Agreement, Independent Legal Advice
October 27th, 2011 · No Comments · Adviser's Certificate in Your Compromise Agreement, Choosing an Independent Legal Advisor to provide Advice on the Terms of your Compromise Agreement, Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Employment Lawyers, Employment Solicitors, Independent Legal Advice, Necessity for Legal Advice on the Terms of Your Compromise Agreement, Redundancies, Redundancy, Redundancy law
Some employees are still misunderstanding what it means to take independent legal advice on a compromise agreement. What this means is that the employee has to receive independent advice from a solicitor on the implications of signing a compromise agreement before the employee signs the compromise agreement. If you require further information about redundancy law, […]
Tags: Compromise Agreement·employment law·Independent Legal Advice
Post-termination Provisions in Employment Contracts, Compromise Agreement
October 21st, 2011 · No Comments · Breach of Confidential Information, Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Confidentiality Provisions in a Compromise Agreements, Contract of Employment, Employment Lawyers, Employment Solicitors, Independent Legal Advice, Non Solicitation, Post Termination Restrictions after Signing a Compromise Agreement, Redundancies, Redundancy, Redundancy law, Redundancy Pay, Restrictive Covenants, Signing Compromise Agreements
Even when an employee is signing a compromise agreement, the employee should always refer to the post-termination provisions in the employee’s employment contract. If in doubt seek advice on employment law. If you require further information please contact us at enquiries@rtcooperssolicitors.com or visit one of the following pages on employment law: http://www.rtcoopers.com/practice_employment.php http://www.rtcoopers.com/faq-redundancyemployee.php http://www.employmentlawyersinlondon.com/video.php http://www.employmentlawyersinlondon.com http://www.compromiseagreementlonuk.com/ © […]
Tags: Compromise Agreement·Post-termination Provisions in Employment Contracts
Employment Law, Holidays, Accrued Untaken Holiday
October 17th, 2011 · No Comments · Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Employment Lawyers, Employment Solicitors, Entitlement to Untaken Accrued Holidays, Excess Holiday, Holiday Entitlement, Independent Legal Advice, Redundancies, Redundancy, Redundancy law, Termination of Employment, Untaken Holidays
It should be noted that some employers are asking their employees to take their holidays as they are not prepared to pay for accrued untaken holidays. If you require further information please contact us at enquiries@rtcooperssolicitors.com or visit one of the following pages on employment law: http://www.rtcoopers.com/practice_employment.php http://www.rtcoopers.com/faq-redundancyemployee.php http://www.employmentlawyersinlondon.com/video.php http://www.employmentlawyersinlondon.com http://www.compromiseagreementlonuk.com/ © RT COOPERS, 2011. This Briefing […]