The Dos and Don'ts of Employment Contracts
PCC Lawyers hosted their quarterly seminar at the College of Law on 12th February 2015. This time, the subject was Contracts of Employments, specifically discussion of what terms should, and should not, be contained in effective contracts.
Part 1 - Introduction
As an introduction, Lucienne Gleeson discussed why written contracts of employment are necessary, and then addressed the importance of 'set off' (also known as 'all up') clauses:
Part 2 - Ending the employment
Lucienne then went on to discuss contractual issues relating to the employment coming to an end. Most importantly, notice of termination and provision for payment in lieu of notice, Gardening Leave, Termination for misconduct, post termination restraints and confidential information:
Part 3 - Some Pitfalls
Helen Carter then took over the discussion, and moved onto some of the common pitfalls of employment contracts, with some recent case examples. Areas discussed were the inadvertant incorporation of aspirational statements, workplace policies, and onerous termination procedures. She also warned about agreements to agree, and the dangers of incentive schemes if not properly contracted.
Part 4 - Two common problem areas
Lucienne then addressed two problem areas - the difficult distinction between independent contrators and employees, and the dangers of outdated contracts.
Part 5 - Summary
Helen then summarised the key points of contracts of employment - going through the rights that every employer should give themselves, and the terms that should never be in employment contracts.