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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 - Why should we consider having mobility clauses?
    A well drafted mobility clause gives you the right to insist that an employee relocates to another business location, either within a few miles or much further away. However, the terms must be reasonable and your clause must be clear, unambiguous and drafted no wider than is necessary. For example, you should set out the notice period that will apply if you ever want to enforce it. This should be a couple of months at least, maybe more, particularly if the relocation is to be permanent and will involve the employee...
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  • Frequently Asked Employment Questions - Can we exclude all liability for any loss, theft or damage to an employee's personal property?
    The Unfair Contract Terms Act 1977 doesn't ban the use of such clauses, or make them illegal. However, it does allow the courts to render them void and unenforceable if they fail to satisfy the requirement of reasonableness. So you could use this type of exclusion clause if you wanted to - just be prepared for it to be totally ineffective if an employee ever challenges it! That said, many employers do use this type of exclusion clause, or notice, in the hope that the employee is unaware of their legal rights...
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  • Frequently Asked Employment Questions - How can we justify introducing restrictive covenants?
    If you want to introduce these you must be able to show that they go no further than is reasonably necessary to protect your business and you should seek employee agreement and give some form of consideration (i.e. a nominal payment) for them. They will usually focus on the need to prevent those who are leaving from poaching staff and/or clients, or going to work for a competitor within a certain period of time. But to do this successfully, you need to identify the categories of staff that need to be covered,...
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