Until now, the general approach has been that a company cannot claim privilege against its own...
All employees have a statutory right to be given a written statement containing the key details of their employment terms and conditions. These are normally included in a contract of employment.
What is a contract of employment?
The contract of employment is a document which sets out the rights and obligations of both parties. As a result the contents are of utmost importance to determine the extent of the obligations. This is particularly if you are a senior employee or a director as the obligations on you are likely to be more stringent.
As there are various types of employment arrangements it is important that you are provided with the appropriate contract suitable for your status. For example, whether you are an employee, a worker, an agency worker, a casual worker or self-employed. The question of status is important because the rights attached to each status are different. We can advise you on this if you are uncertain about the suggested arrangement.
How can we help you?
It is prudent to seek advice before signing a new contract of employment to ensure that you agree to terms and conditions that are fair and reasonable. We are experienced in advising employees, particularly senior executives and directors, in relation to contracts of employment and service agreements.
In addition, you might be considering leaving your employment but are concerned about the enforceability of restrictive covenants contained in your contract of employment, which restrict your activities once you have left your employment. We are experienced in advising on such matters.
Your employer might also be seeking to implement changes to your existing terms and conditions, which you might be unhappy to accept. We can advise you on the reasonableness of any such suggested changes, as well as advising you on the process being followed by your employer. If your employer seeks to dismiss you and immediately re-engage you on proposed new terms and conditions you might have a claim for unfair dismissal. We can advise you on your position in respect of this, as well as assisting you with any such claim or discussions with your employer in relation to this.