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  • Frequently Asked Employment Questions - Does an employee have to sign a contract for it to be enforceable?
    No, they don't. But to avoid any doubt or misunderstanding, it should be signed without undue delay. Any reluctance on the employee's part should be discussed and resolved sooner rather than later. It's possible there could be a misunderstanding. The longer the employee works for you without objecting to any of the contractual terms, or without refusing to perform any of them, the easier it will be for you to argue that they've been impliedly accepted by their conduct, at least in relation to those terms that...
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  • Frequently Asked Employment Questions - Can we prevent staff having a second job?
    You can contractually require employees to seek your prior consent to second jobs, although it's difficult to prevent an employee from taking on a second job if they don't declare it and your suspicions aren't otherwise raised. But an employee with a second job could cause you problems, e.g. due to tiredness and declining productivity, which could have serious safety implications for you. Plus, a second job working for a competitor might seriously harm your business interests. So protect your business by restricting...
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  • Frequently Asked Employment Questions - What do we need to consider when drafting post-employment restrictions?
    Start by considering exactly what it is that needs to be protected, e.g. customer lists or marketing strategies. Next, think about which employees have access to this material. It's only relevant staff that should be subject to post-employment restrictions, such as the non-solicitation of customers or non-dealing with customers in respect of whom they had personal dealings during the final stages of their employment.  Depending on the nature of your business (or the sector within which you operate) you may...
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  • Frequently Asked Employment Questions - Can we require employees to take annual leave at certain times?
    Yes. In fact, this practice is common within a number of business sectors, which often shut down at certain times of year, e.g. Christmas. However, if you want to do this you'll need to ensure that your employment contracts (and any holidays policy) clearly set out the shutdown and confirm that employees are required to take some of their annual leave to cover this period. Tip. At the start of each holiday year, confirm the shutdown dates for that year to staff in writing, and advise them that they need to ensure...
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