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Negotiating a Contract of Employment

Negotiating a Contract of Employment

Negotiating a Contract of Employment

It’s good news for the Blues as Kieran McKenna signs a new contract for Ipswich Town Football Club. We send our congratulations to Kieran McKenna and Ipswich Town Football Club for successfully renegotiating another contract for four years.

Kerseys Solicitors look forward to continue supporting ITFC following this fantastic news as the team makes its first Premier League debut in 22 years and continuing to host guests in our corporate box at Portman Road this coming season.

Following the recent speculation regarding Kieran McKenna’s next move, our employment law team details some of the key queries they receive from clients who are exiting and entering a new contract of employment.

Notice Periods – How can I exit a contract of employment?

Employees contract of employment should specify the number of weeks or months’ notice the employer or employee are required to provide when terminating their employment.

If an employee wishes to leave earlier than the expiry of their notice period, they will be in breach of contract. This means that the employee will only be paid for the period they have worked and any accrued untaken annual leave as at the termination date.

However, if the employment contract contains a Garden Leave clause, the employer will be entitled to exclude an employee from the workplace during their notice period and the employee must be paid.

Restraint of Trade Clauses – Are they enforceable?

When entering into new employment, employees should consider any post-termination restrictions in their contract of employment. These often restrict ex-employees from:

  • Competing with the ex-employer;
  • Approaching former customers of the ex-employer;
  • Poaching the ex-employer’s staff; or
  • Dealing with former clients of the ex-employer even where they approach the ex-employee.

There must be a legitimate business interest to protect, the employee must have the required knowledge and they should be reasonable in the duration and area. Failure to comply with these requirements risks that the restrictions will be unenforceable.

You should seek legal advice in the first instance before entering into any restrictive covenants. Our specialist employment legal advisers can advise you of the implications of entering into the restrictions and help you negotiate the same.

Similarly, if you are an employee who has been offered new contract of employment and believe that your ex-employer’s post-termination restrictions are unenforceable, you should seek legal advice from an employment lawyer as soon as possible.

Do I have to repay any monies when I leave employment?

Employers can require employees to repay outstanding sums of money owed if there is an express term in the employee’s contract of employment requiring the repayment of the same. For example, this can include any annual leave that has been taken in excess of the employee’s accrued entitlement.

You can find out more about the repayment of training fees here: https://www.kerseys.co.uk/training-requirements-and-fees/

Can I negotiate my pay with my new employer?

It may be that there is scope for negotiation regarding pay and benefits when entering a new contract of employment if the employee feels that the original offer is not in line with the industry standard. Similarly, as employees gain more experience of the demand for their particular skill changes, employees may seek to increase their salary and employers should be prepared to approach these negotiations constructively.

How can we help?

If you require assistance, please contact Annalie King, Partner and Head of our Employment Law team or Rosie Brighty at Kerseys Solicitors in Ipswich on 01473 213311Kerseys Solicitors in Felixstowe on 01394 834557 or Kerseys Solicitors in Colchester on 01206 584584, alternatively can email us at [email protected] or visit our website and click “Call Me Back” and a member of our Employment Law team will be happy to contact you at a time that is convenient to you for your free 30 minute initial consultation.

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