The primary line of defence for your business against departing employees taking your clients, contacts or other employees with them – or sharing confidential information without consent – are your employment contracts and policies.
With employment law in a constant state of change, it is equally important that your internal practices in terms of managing employees and resolving disputes remain up-to-date so that they afford you the best possible protection in the event of a claim.
For instance, it is vital that you are compliant with current legislation in respect of holiday pay, pensions and family-friendly policies, and have adopted up-to-date best practice in order to minimise potential liabilities.
Protect Your Business From Your Employees
You cannot stop employees from leaving, but you can limit what they can do, both during their employment and after they leave. Employment contracts and internal policies containing tightly drafted and appropriate post-termination restrictions can help prevent your former member of staff from damaging your business, and also give you the tools for dealing with issues during the employment relationship.
The implications of sharing confidential information can be serious. This includes from a GDPR/data protection perspective. Tightly drafted and appropriate post-termination restrictive covenants can prevent an exiting employee from immediately working in direct competition with you, or from taking your key clients, suppliers or employees when they leave.
It is not just exiting employees who can cause damage. Your current employees also need to be restrained from leaking confidential information, being engaged in outside businesses without your consent, taking your Intellectual Property or causing disruption to your business. Hine Legal’s contracts ensure the right clauses are included.
Ensure Your Contracts And Policies Are Tailored To Your Business
Many employers make the mistake of using documents drafted for other companies, or which have been downloaded free from the internet. These are likely to be too general and not tailored enough for your business. In order to enforce post-termination restrictions, your business needs contracts with restrictive covenants specifically tailored to your business and the particular role in question.
Get The Best From Your Staff – Bespoke Job Descriptions, Policies, Procedures And Handbooks
Clearly defined contracts and policies do not just protect your business from rogue members of staff or potential liabilities. They are also valuable tools for helping you to get them best from your employees during their employment. Alongside a comprehensive job description, your company’s policies, procedures and staff handbooks are vital management tools, and provide back-up for dealing with issues if your employees do not perform.
Hine Legal’s specialist employment lawyers will assist you to ensure that all of your contracts, policies and procedures are appropriately drafted and compliant with up-to-date regulations. We can provide a full audit service to review all your documentation and provide recommendations on the areas we think require improvement, or advise on specific contracts.