In a recent case company Tenon FM was unable to enforce Post Termination Restrictions on its former employee Ms Susan Cawley.
Cawley started employment with the company in 2008 and until her resignation in 2018, was awarded a number of promotions. At her time of leaving Cawley was an Operations Director.
Upon leaving it is alleged that Cawley attempted to persuade a former colleague to join her new employer, the alleged action led Tenon to seek an interim High Court injunction to enforce the post termination restrictions contained within her contract of employment.
Unable to produce a signed copy of the contract, Tenon failed to persuade the judge of the implied acceptance of contract (due to length of service).
“Deemed acceptance of contract” should always be followed up in writing but better still, issue contracts ahead of a start date and ask for a signed copy to be returned on the employees first day of work along with all other paperwork required by HR.
Advisors are often asked if an employer can take someone on for a “trial period” and then make a decision as to whether they issue a contract or not…
Generally, our stance is that the contracts afford the employer a host of benefits and provide expectations of the employee in writing. Not forgetting that under the Employment Rights Act (1996) you are obliged to provide written information in a Statement of Main Terms within 8 weeks of an employee’s start date.
It is advised that all employees have contracts for day one, a probation period is in effect the trial period that you are seeking….
For specific advice, please call your Advisor!