Negotiating any stage of a contract – drafting, formation, performance or breach – can be difficult. Before getting tangled in the fine print, get in touch with the dedicated team of legal experts at Shine Lawyers.
Negotiating a new employment contract
Whether you are in the process of writing a contract, or are considering signing a new one, it is crucial that you fully understand the terms you are agreeing to. Our lawyers can clearly explain both your obligations and your rights under any contract to help you to make the right decision.
Employment contract breaches
If you are facing dismissal and termination of employment, it may be the case that you will have a claim against your employer for breach of contract. If your employer has not performed the obligations under the contract, they may be liable to compensate you for any damage you have suffered as a result. Shine Lawyers can tell you whether or not, depending on the terms of your contract, you may have a claim for compensation.
Restraint of trade clauses
If your employment has come to an end, it is also important to understand that the some of the terms of contract you were previously employed under may still have effect. This is particularly so if your contract contains a ‘Restraint of Trade Clause’, which many often do. This clause can potentially restrict what you are able to do – in terms of new employment, types of new employment, and the location of new employment – once your previous employment has ended.
Another restrictive clause which could continue to affect you is a ‘Non-Compete Clause’, which restrains your ability to establish a competing business within a given time and geographical perimeter. Whether such clauses could in fact be enforced by your previous employer is dependent on whether your contract remained in operation until your employment ended. This will not be the case if your previous employer repudiated the contract.