Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Do they work on a self employed basis?
Thank you. To answer your queries:
1. You cannot realistically have a pre-agreed amount you can claim from them – no court will really enforce this. You can potentially sue them if needed but the court will only award such costs as it deems reasonable and necessary and which are a reflection of the losses suffered. So agreeing an amount is pointless as that will unlikely reflect the actual losses. So I would remove clause 9.2 as it can easily be seen as a penalty clause which is unenforceable..
2. You do not have to pay them for travel costs, even if they are employees. You have the option to do so if you wanted to but it is not compulsory. S there is no requirement for you to actually pay them petrol costs.
3. This would be classed as a premium service as it will take some time and it is not an easy task. If you need me to do this then I can send over a quote which you can consider.
I hope this has answered your query so far. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
The best way to do this is to have a well-drafted restriction in the contract - you cannot prevent people from just going to work in competition - that is not illegal, it is a restrain of trade. So in reality it can be quite difficult to enforce
Thank you, ***** ***** with me please I will work on it and reply back on here in the next few days
Yes of course, I will consider that
If they pay you as agreed then fine, but if they refuse to pay you, even if they have previously agreed to it, you will find it rather hard to enforce it in court
No problem, I will get back to you in due course
Hi, as promised please find attached new contract
1. Clause 9.2 says that the employee is not bound by the confidentiality requirements if they are to make a protected disclosure, examples of which you can see here: https://www.gov.uk/whistleblowing/what-is-a-whistleblower
2. It is not common to say what the consequences are, this is not required - a breach of the clauses automatically gives you the right to make a claim for breach of contract
3. That will very much depend on what the breach is and how it has affected your business - you cannot make a calculation in the contract, you have to see what the actual costs are - legal costs cannot be claimed if your overall claim is for less than £10,000, the loss of business is something only a court can determine based on various factors, so really your only option is to make a claim and then let the court determine the value which you should be compensated by
You are most welcome
Hi, if you wanted to include such a clause as a deterrent then it would not be much different to what you already had in place, for example:
10.4 In the event of a breach by the Employee of any of the restrictions in Clauses 10.1 or 10.2, the Company reserves the right to charge the Employee the amount of £2,000 for every customer the company has lost as a result of such breach.
Hi sorry for some reason it did not show up on my list. If you could please post this as a new question for my attention then i can consider it later today after i finish in court and will send you a quote for the extra work. Many thanks