Employment

Employment Contracts

Employment Contracts

At Franklins Solicitors, we help employers draft, review, vary, and enforce employment contracts with clarity and confidence.

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Legal Advice for Employers

Employment contracts form the foundation of the relationship between employer and employee. They set out key rights, obligations, and protections — but they also need to adapt to changing business needs. Whether you are putting contracts in place for new hires, updating terms and conditions, or seeking to enforce post-employment restrictions, expert legal advice is essential to avoid disputes and protect your organisation.

Protecting Your Business After Employment Ends

Restrictive covenants are clauses that protect your business when an employee leaves, preventing unfair competition and safeguarding confidential information. They must be carefully drafted to be enforceable in law.

Types of Restrictive Covenants include:
  • Non-Compete Clauses – Restrict working for a competitor within a set period and area.
  • Non-Solicitation Clauses – Prevent approaching your clients, customers, or suppliers.
  • Non-Dealing Clauses – Stop ex-employees from doing business with your clients, even if approached directly.
  • Non-Poaching Clauses – Prevent recruitment of your staff or contractors.
When Are They Enforceable?

Restrictive covenants are only enforceable if they:

  • Protect a legitimate business interest (e.g. trade secrets, client connections, workforce stability).
  • Are reasonable in scope, time, and geography.

Courts strike out clauses that go beyond what is necessary, so expert drafting is crucial.

Changing Terms and Conditions of Employment

When Business Needs Change

Employers may need to vary employment contracts for reasons such as:

  • Restructuring or reorganisation
  • Cost-saving measures
  • Changes to working hours, location, or benefits
  • Compliance with new regulations
  • Shifts in job responsibilities
Can Employers Change Contracts Unilaterally?

No. Employees must usually agree to changes unless a contract expressly allows certain variations (e.g. mobility clauses). Even then, changes must be applied reasonably.

Lawful Ways to Vary Contracts
  • Mutual Agreement – Gaining employee consent and recording changes in writing.
  • Collective Agreement – Negotiation with unions or staff representatives.
  • Termination and Re-engagement (“Fire and Rehire”) – A last resort that carries risks of unfair dismissal claims and reputational damage.

Speak to our Employment Law Team

Whether you’re acquiring, selling, leasing or assigning, our commercial property solicitors are here to guide you through every step.

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How Franklins Solicitors Can Help

We provide employers with comprehensive support, including:

Contract Drafting & Review

Clear, compliant contracts tailored to your business and workforce.

Managing Contract Changes

Support with lawful variations and consultation to minimise disputes.

Tribunal Risk Reduction

Proactive strategies to prevent claims and protect your business.

Enforcement & Litigation

Fast, decisive action through the courts to enforce contractual rights.

Restrictive Covenant Advice

Guidance on post-termination to safeguard clients, staff, and confidential information.

Employment contracts

FAQs

What should be included in an employment contract?2025-08-22T10:48:27+01:00

Employment contracts should set out key terms such as job title, duties, pay, hours, holiday entitlement, notice periods, and any post-termination restrictions. Clear drafting reduces the risk of disputes later.

Are restrictive covenants enforceable?2025-08-22T10:48:48+01:00

Yes, but only if they are reasonable and protect a legitimate business interest, such as client relationships or confidential information. Overly broad restrictions are likely to be struck out by a court.

How long can a non-compete clause last?2025-08-22T10:49:07+01:00

Typically between 3–12 months depending on the role and sector. Longer restrictions may be unenforceable unless clearly justified for senior or specialist positions.

How can Franklins Solicitors support employers?2025-08-22T10:59:13+01:00

We defend businesses facing discrimination claims, provide strategic HR and compliance advice, and represent employers in tribunals and settlement negotiations.

What should I do if an employee raises a discrimination complaint?2025-08-22T10:58:52+01:00

Take the complaint seriously, investigate thoroughly, and follow your grievance procedure. Early legal advice can help you resolve issues before they escalate to tribunal.

How can employers reduce the risk of discrimination claims?2025-08-22T10:58:33+01:00

By maintaining clear policies, training managers and staff, handling grievances fairly, and promoting an inclusive culture. Proactive legal advice helps ensure compliance.

Experienced Solicitors Providing Expert Legal Advice

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Contact

  01908 660966

Ashton House, 409 Silbury Boulevard,
Milton Keynes, Buckinghamshire,
MK9 2AH

  01604 828282

8 Castilian St,
Northampton,
NN1 1JX

Monday to Friday | 9:00 AM – 5:30 PM
[email protected]

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