A traditional firm with a modern approach
Employment Law Solicitors for Employees
Employee Advice and Support Service
Taylor Fordyce offers an Employee Advice and Support Service, giving employees advice on matters such as settlement agreements, redundancy, unfair dismissal claims, discrimination claims and contracts of employment.
We are able to provide you with a proactive service, to make sure that you have the advice and support you need during what can be a very difficult and stressful time. If you are in a dispute with your employer, whether the dispute is being pursued as an official grievance in the workplace or where you have decided to take legal action at an Employment Tribunal, Taylor Fordyce can help you.
At Taylor Fordyce we will give you a professional and thorough employment law service, settling claims if possible but, if necessary, taking the claim all the way to a Tribunal Hearing.
We have experience and expertise in assisting employees in the following areas:
- Settlement Agreements
- Employment Tribunals
- Grievance Procedures
- Disciplinary Proceedings
- Unfair Dismissal
- Workplace Discrimination
- Employment Claims
A common cause of concern for employees is often how their claim will be funded.
Our Employment team can guide you through the funding options available to you such as Legal Expense Insurance, a Fixed Fee, Contingency Fee or an agreed hourly rate depending on the circumstances.
For further information and advice, please contact us and we will be very pleased to discuss your matter with you in a friendly and informal manner, and arrange an appointment for us to meet with you.
What are restrictive covenants and are they enforceable?...
Restrictive covenants are most often seen in employment contracts and also in director service agreements and are known as Post Termination Restrictions. They are intended to protect the business of the employer when an employee or a director leaves particularly when he or she might compete with the business by setting up their own business in competition with the employer’s business or by working for a competitor. The employer’s business might need protection to prevent the possible loss of customers or the unauthorised use of confidential business information.
The court will usually regard theses terms as covenants that are enforceable against the former employee or director but only if the meaning and extent of the covenant is fair and reasonable for the parties to have agreed at the commencement of the contract.
In a recent High Court decision (Bartholomews Agri Food v Thornton) the court refused the employer’s claim to be entitled to the protection of contract restrictive covenants against a former employee who was competing with the business because when the contract was agreed the employee was only a junior trainee worker. Even though 18 years later the employee had become a senior employee the original contract which had been relied upon by the employer had not been suitable for someone in a junior capacity; in other words, the contract was unfair at the time it was signed and was therefore fundamentally unfair and could not be enforced 18 years later.
The decision might well have been different if the employer had reviewed all contracts regularly and had updated them as appropriate for each individual employee.
The team at Taylor Fordyce can advise businesses and employees about restrictive covenants and other contractual matters.