Using An Employee Non Disclosure Agreement
Under an employee non disclosure agreement, both parties are bound by confidentiality provisions, such as preventing the employee from disclosing certain specified information relating to the conduct of the employer or the termination of the employment contract. Non disclosure agreements (NDAs) and confidentiality provisions in the employment context have generated plenty of publicity over the […]
Fire and Rehire Rules (Employers’ Guide)
‘Fire and rehire’ refers to when an employer dismisses an employee and rehires them on new terms. The new terms are generally less favourable for the individual than under their previous contract of employment. Fire and rehire is not a new strategy and, provided it is handled correctly, it is not unlawful. However, in most […]
Should You Put Employees On Garden Leave?
Garden leave is used by employers as a protective measure to ensure that key employees exiting a business have a minimal impact on its reputation and ongoing success. That said, the use of garden leave does not come without cost and certain risks for the employer. In the following article, we examine the pros and […]
Can You Dismiss An Employee On Sick Leave?
Employers can lawfully dismiss an employee who is off sick, provided they have a fair reason for dismissal, act reasonably in all the circumstances and follow a fair procedure. The following guide for employers on dismissal due to sickness absence looks at what amounts to potential grounds for dismissal in this context, from conduct to […]
Does An Employer Have To Give A Reference?
There is generally no obligation for employers to provide a reference for an exiting employee unless there is a contractual agreement that they must provide one, or if they operate in a regulated industry. Where a reference is given, it must be true, accurate and fair. In this guide for employers, we consider the rules […]
Furlough Redundancy Process Guide
Employers with workers on furlough must start to prepare for the end of the Coronavirus Job Retention Scheme (CJRS), which is fast approaching at the end of September. While many workers may be able to return to work and resume duties, the reality for some employers is that their furloughed workers may be at risk […]
Health & Safety Unfair Dismissal
A return to the workplace for many staff may raise health and safety concerns in light of the ongoing pandemic. In some cases, employees may even refuse to return to the workplace during this worrying time. The coronavirus presents a unique and unprecedented context for existing health & safety rules, which require employers to take […]
Do You Have to Offer a Redundancy Appeal?
The redundancy process should be fair at each stage to minimise the risk of tribunal claims. To what extent does this extend to a redundancy appeals procedure? The following guide for employers examines the benefits of providing a right to a redundancy appeal and the procedure that should be followed as a matter of best […]