Employment Law.....Help!!!

[GT3-RS]

I need a bit of help here you Lawyer type chaps/chapettes with an existing employment Contract for a possible future employee, I need this fella to be able to wriggle out of this somehow even if it means he's got to forfeit his stake holding (which I'm sceptical about him getting anyway) I need him to get the 6 month's noticed waived and the 5 years working restriction lifted....to be honest I'm not really up to speed with this sort of stuff but could do with some advice....so come you employment lawyers give me a hand.....I've got .Pdf files of the existing contracts which I can fire across if needs be should only take about 5 mins to read through them as there not that comprehensive

Cheers.......Russ

[edc]

Notice period - only by negotiation. The 5 yr term you describe - if it is a restrictive covenant then it might be deemed unreasonable anyway. However, 'unreasonable' isn't your call to make.

[GT3-RS]

just as I thought..................................really helpful information thanks













s'pose I should be grateful......at least you answered.....

Edited by GT3-RS on Wednesday 26th November 11:54

[Jasper Gilder]

Ed's right - A contract clause that prevents a person from earning a living post employment is unfair ( It infringes the anti-slavery acts) Usually the clause says steer clear of old co's customers for a year or so

[Merritt]

GT3-RS said:

just as I thought..................................really helpful information thanks

s'pose I should be grateful......at least you answered.....

Edited by GT3-RS on Wednesday 26th November 11:54

Well, what else do you expect? You are essentially asking for free legal advice. I am always utterly amazed at the number of people that expect free help from a professional, for whom the main source of income is giving that advice.

My wife is an employment solicitor & she is extremely busy dealing with the mess that a lot of companies are in presently, making redundancies etc.

I will happily pass her company number on to you but you will have to pay for the legal advice.

HTH

Steve

Edited by Merritt on Thursday 27th November 08:58

[GT3-RS]

Merritt said:

GT3-RS said:

just as I thought..................................really helpful information thanks

s'pose I should be grateful......at least you answered.....

Edited by GT3-RS on Wednesday 26th November 11:54

Well, what else do you expect? You are essentially asking for free legal advice. I am always utterly amazed at the number of people that expect free help from a professional, for whom the main source of income is giving that advice.

My wife is an employment solicitor & she is extremely busy dealing with the mess that a lot of companies are in presently, making redundancies etc.

I will happily pass her company number on to you but you will have to pay for the legal advice.

HTH

Steve

Edited by Merritt on Thursday 27th November 08:58

Steve correct "Free Advice" then I might be able to take this further and pay a Solicitor to pursue the case...but clearly this won't be your wifes company will it numb nuts.....not many people get my back up here Steve but you've succeeded well done eh!! talk about missing a probable commercial opportunity Der, better not tell the wife your Fking up potential business for her.....so "be utterly amazed" you miserable penny pinching SLUG......if you hadn't noticed this is a forum that is full of free advice and opinions of which I'm sure you've had your share and for which I'm sure you haven't paid a penny....anyhow....So what your saying is Solicitors won't give legal advice without wanting to charge a fee for it?? NICE!!! thats a way to get business an potential clients Steve, advice is all I'm after and advice is all it is I'm not asking anyone to do any work.....so if a fellow PH'er can't spend 5 minutes reading a couple of short Pdf's of an evening maybe and then post some advice....then shove it up yer ae pal....I'm going to be rushing for the services of your wifes Company....yeah righty doody

you need to look at your post mate then see if you been commercially aware to the possibility that I may have needed a Solicitor to pursue this for me

[Merritt]

There was no need for the profanities was there? I admit I may have been a little harsh this morning but your response was uncalled for.

[GT3-RS]

Merritt said:

There was no need for the profanities was there? I admit I may have been a little harsh this morning but your response was uncalled for.

Steve.....if yer don't ask for it.....you won't get it.....Ok, Ok lets call it quits...I don't harbour grudges life's to short but just be a little more measured in your responses please....and here's a bit of advice from me don't worry I won't charge you as it's free gratis 5 or 10 mins of someones time to administer some friendly helpful advice could evolve into gaining a potential paying client which is only good for business.....


See yers about on track somewhere

[Merritt]

GT3-RS said:

Merritt said:

There was no need for the profanities was there? I admit I may have been a little harsh this morning but your response was uncalled for.

Steve.....if yer don't ask for it.....you won't get it.....Ok, Ok lets call it quits...I don't harbour grudges life's to short but just be a little more measured in your responses please....and here's a bit of advice from me don't worry I won't charge you as it's free gratis 5 or 10 mins of someones time to administer some friendly helpful advice could evolve into gaining a potential paying client which is only good for business.....


See yers about on track somewhere

I think its fair to say we could both have been more measured in our responses

Anyway, agreed - life too short

[JustinP1]

To be fair to Merritt, I think that the OP's response to no professionals offerring their email addresses up wasmore than a little sarcastic...

I myself saw the thread and was going to post and reading that I felt like I couldn't be arsed.

My advice would be to the OP is if you want an 'opinion' on whether a clause is enforcable you can get that by just typing out the clause on here. You would have got half a dozen informed responses in a day.

However, if you specifically want a professional to look over a whole document and also take into account further complex issues such as a stakeholding then this is a different kettle of fish. You have to remember that solicitors and surveyors are indemnified for a reason - sometimes they are 'legally' proven wrong and their advice makes them potentially liable to a claim.

My advice would be that if the issue involves a stakeholding and potentially tens of thousands of pounds, then you need proper, paid for indemnified advice and it is going to take a reasonable amount of time for a professional to do this to a decent standard.

However, if you want some informed opinion then by all means post up the details. At the end of the day no-one can physically stop this guy working for you. The only issue is the factor of the chance that the old employer will take action and what the loss is. If you are that way inclined you could call his bluff! However, you won't get that advice from a solicitor unless they are being paid for it to be able to back it up.

[GT3-RS]

Oh dear
So you couldn't be arsed Eh!! seems so
Justin, Justin, Justin....let me spell it out for you the response to my OP that I had hoped for (but clearly is beyond PH members who seem to want a row all the time)

Respondant
no prob's mate, fire them across an I'll have a quick look for yer

OP
Thanks for that

Respondant
yeh had a quick look at that for you and it's not a problem [maybe a brief expalnation of why] I can pursue this for you if you like

OP
excellent, so you'll take the case on for me then?

Respondant
No problem at all I'll email you with some details that we require from you first

OP
excellent, look forward to doing business with you

thus a potential client becomes a paying client.....is it that hard what bit don't you get ????
you know what Fk it I can't be bothered

is this the true definition of the word Solicitor....Spiv'....(someone who wouldn't help their own mothers unless they paid for it)......on PH it seems so

[john_p]

This thread

[Deva Link]

GT3-RS said:

Oh dear
So you couldn't be arsed Eh!! seems so
Justin, Justin, Justin....let me spell it out for you the response to my OP that I had hoped for (but clearly is beyond PH members who seem to want a row all the time)

Respondant
no prob's mate, fire them across an I'll have a quick look for yer

OP
Thanks for that

Respondant
yeh had a quick look at that for you and it's not a problem [maybe a brief expalnation of why] I can pursue this for you if you like

OP
excellent, so you'll take the case on for me then?

Respondant
No problem at all I'll email you with some details that we require from you first

OP
excellent, look forward to doing business with you

thus a potential client becomes a paying client.....is it that hard what bit don't you get ????
you know what Fk it I can't be bothered

is this the true definition of the word Solicitor....Spiv'....(someone who wouldn't help their own mothers unless they paid for it)......on PH it seems so

..but you asked for advice, not for someone to take a look with a view to taking on the job.

My advice would be to consult a specialist in employment law.

[GT3-RS]

[Olf]

Top stuff. Good man GT3 - someone who speaks his mind. Loving the Slug post.

[s3fella]

GT3, is this a contract for a client of yours to join some other company, ie you are advising him on the sort of contract he needs to join them, or is he joining your company?

[JustinP1]

GT3-RS said:

Oh dear
So you couldn't be arsed Eh!! seems so
Justin, Justin, Justin....let me spell it out for you the response to my OP that I had hoped for (but clearly is beyond PH members who seem to want a row all the time)

Respondant
no prob's mate, fire them across an I'll have a quick look for yer

OP
Thanks for that

Respondant
yeh had a quick look at that for you and it's not a problem [maybe a brief expalnation of why] I can pursue this for you if you like

OP
excellent, so you'll take the case on for me then?

Respondant
No problem at all I'll email you with some details that we require from you first

OP
excellent, look forward to doing business with you

thus a potential client becomes a paying client.....is it that hard what bit don't you get ????
you know what Fk it I can't be bothered

is this the true definition of the word Solicitor....Spiv'....(someone who wouldn't help their own mothers unless they paid for it)......on PH it seems so

So, in a nutshell - no-one responded in the way you wanted to your first post, so you posted the sarcastic response with the tumbleweeds...

You then went on to have a go at another couple of posters who gave you advice with things that are downright condecending like your post above to someone who has offered their advice for free.

In fact, you only got the response you wanted when you made it crystal clear that you were going to pay a professional!!


You might note that out of the 3000 plus posts on here, I have not charged for a single one nor looked to gain employment. People on PH are decent and a lot of them professional specialists in their field who give up their time to be part of a community.

It was your sarcastic attitude after your first post and your acerbic attacks on those who did actually post which has ultimately meant that the amount of people willing to help you and give their experience has dwindled to a single person who you are going to pay.

You might think that ended up that way because PH members are t**ts.

I think a few other people on this thread may think that the subjective focus of that thought should be reversed...

[groomi]

Deva Link said:

..but you asked for advice, not for someone to take a look with a view to taking on the job.

My advice would be to consult a specialist in employment law.

My advice to the OP is to stick to black and white and not dealing with other people. Clearly anything else is just too much for him.

[GT3-RS]

s3fella said:

GT3, is this a contract for a client of yours to join some other company, ie you are advising him on the sort of contract he needs to join them, or is he joining your company?

basically I want to employ this chap and he wants to work for me but his current contractural obligations dictate otherwise let me know if you wnat an I'll PM you the details as I think it's gone as far as it can here.....thanks anyway

[s3fella]

Ok, I see, well the anti competition clauses as others say are often not enforceable, and can certainly be challenged.

As for the notice period, (and indeed the anti comp) are you a direct competitior of the existing employer? If so, this is your best hope, that he resigns and they dont want him there stealing secrets!! In which case, they may pay him in lieu or put him on gardening leave. This is where he can negotiate his notice period.

To be fair I think you should be careful as a prospective new employer getting too invoved in his existing contract, tbh he may well have breached it by showing such a document to you. Iw ould suggest you get him to take his own independant legal advice and then copy you in on that correspondence so you can see what he is told.