Following on from our previous post, working for another company whilst employed and where this has been expressly prohibited in you employment contract, would constitute a breach of contract. Your employer would be entitled to seek damages for this.
Furthermore, if you are facing redundancy, your employer will usually provide you with a compromise agreement. It is clear that your employer would most likely have summarily dismissed you for breach of your contract of employment for working for another company (if it was aware of this) and so would not be entering into a settlement agreement with you.
One of the usual warranties contained within a severance agreement (and you are expected to give) is that you are not aware of anything that prevents the company from entering into the severance agreement with you – in light of the above, you would also be in breach of warranty for which your employer is entitled to damages.
Moreover, you would have to repay any enhanced redundancy payment made to you, if applicable.
If you need legal advice on the terms of your employment contract or advice on the terms of your compromise agreement if you are being made redundant, please contact an employment solicitor 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, 2013. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.
No Comments so far ↓
There are no comments yet...Kick things off by filling out the form below.