FOR EMPLOYEES
We understand that trying to resolve differences and reach agreements with your employer can be complicated, whatever the issue or stage of the relationship.
gmh aims to reduce the stress and help you obtain the right solution as efficiently as possibly.
Our particular focus is-
- drafting and reviewing employment contracts
- advising senior executives on their service agreements
- negotiating settlement agreements for employees at all levels
- providing advice prior to termination, whenever a potential issue has arisen
- advising on handling disciplinary or dismissal meetings
We do not litigate but can refer to litigation lawyers if this becomes unavoidable.
gmh’s top ten things to consider …
Settlement Agreements
2) Does your employer have the right to put you on garden leave? Or to bind you to any restrictions after the termination of your employment?
3) What is the reason given for the termination of your employment? It may be redundancy or long term sickness absence, for example.
4) Does the termination of your employment give you any grounds to make a claim against your employer? Which claims are they seeking to waive in the settlement agreement?
5) What might those claims be worth and how much compensation could you reasonably expect?
6) How will the compensation be taxed?
7) What happens to your pension, share options and any other benefits you receive?
8) Will your employer pay some of your legal costs?
9) Do you want to agree a reference?
10) What will your employer communicate to staff about your departure?
Clauses in an employment contract
2) Have you received an offer letter containing basic terms and conditions? Is your employment contract consistent with the offer letter?
3) What is your notice period? Minimum notice periods are required by law but these can be extended by agreement.
4) Is there a pay in lieu of notice provision? If so, is it appropriate? It can affect the tax treatment of any compensation you may receive on leaving your employment.
5) Does your employer want to include restrictions on your freedom to compete with it or engage with its staff or clients after your employment ends? Are you happy with these restrictions?
6) Are all the benefits you have been promised, such as pension contribution, share options, medical cover, life assurance and short and long term sickness pay, included in the contract?
7) How much holiday can you take and what is the process for taking it? What happens to unused holiday?
8) Have you agreed what your duties and job title will be?
9) What are your hours of work? There are laws in place governing how many hours you are allowed to work.
10) What other policies and procedures does the company have? Have you been given copies of them? These may include disciplinary and grievance, health and safety, maternity and paternity policies, amongst others.
