Case law is littered with examples of contract terms not being enforced. Common examples include restrictive covenants entered into at the start of the employment relationship. The recent case of Bartholomews Agri Foods Ltd v Thornton is a recent example. Mr Thornton started work for his employer as a trainee, and on leaving 18 years later the company tried to enforce the restrictive covenant preventing him working for a competitor. The Court took the view that at the time the contract was entered into it was manifestly inappropriate and unenforceable, and the passage of time did not cure that defect.
Employment law is also an ever changing area with new legislation being introduced, usually, several times a year. In addition, case law developments mean that best practice in terms of employment contract drafting changes over time.
As such, it is good practice to review your contracts of employment at regular intervals or, in the case of more senior employees where post termination restrictions are a significant consideration, at the point in time of any promotion. We are able to offer a fixed fee for a contract review. We can also review handbooks or policies as required for a fixed fee. If you would like more information on this service please contact Innes Clark on email@example.com. If you do not have documentation in place let us know and we can provide this for you, again, for a fixed fee.