Fixed Term Employment Agreement with Restrictive Covenants Template

Fixed Term Employment Contract with Restrictive Clauses

EMP.RC.01.03

This Fixed Term Employment Agreement is designed to be applicable to a variety of different jobs where the employee is taken on for a defined or fixed term.

The Fixed Term Employment Agreement contains provisions dealing with restrictive covenants. In particular, it contains the following covenants: Non-Compete Covenant, preventing employees or ex-employees from being involved in a competitor business; Non-Solicitation Covenant preventing employees or ex-employees from soliciting business from clients/prospective clients or suppliers and Non-Poaching Covenant preventing the employee from enticing away his/her former colleagues.

This employment contract has a General Data Protection Regulation (GDPR)-compliant data processing clause. After 25 May 2018, employers must use this clause, as employers will not be able to rely on the existing generic consent clauses.

All employees must receive a written statement of their particulars of employment within 8 weeks of commencing employment.

Fixed term employees have the same minimum rights as permanent workers and are protected by the Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002. Any clause or agreement which purports to waive rights regarding unfair dismissal or redundancy is void.

Please note that the Statutory Dispute Resolution Procedures still apply to dismissals due to the non-renewal of Fixed Term Employment Agreements since the ACAS Code of Practice does not apply to the non-renewal of Fixed Term Contracts on their expiry.

This contract includes a clause which entitles the employer to end the fixed term contract early whilst avoiding a potential claim for damages equivalent to the pay and benefits the fixed term worker would have received up to the time the contract was due to terminate.

Restrictive covenants should be no wider than is necessary to protect your “legitimate business interests”. If their scope is too wide, they may not be enforceable. Please ensure that you carefully consider each restrictive covenant, removing any that are not relevant to your particular business and to the specific employee. Ensure that time and geographical limits are appropriate and reasonable to the nature of your business.

The Pensions Act 2014 introduced a new state pension for people reaching state pension age on or after 6 April 2016, replacing the previous basic state pension and additional state pension and ending contracting out for defined-benefit schemes. This employment contract has been updated accordingly with the removal of the clause referring to the contracting out certificate.

This agreement contains the following clauses:

1. General
2. Duties and Job Title
3. Fixed Term
4. Date of Commencement / Date of Continuous Employment
5. Hours of Work
6. Place of Work
7. Remuneration
8. Collective Agreements
9. Holidays
10. Sickness Absence
11. Maternity and Paternity Rights
12. Pension
13. Non-Compulsory Retirement
14. Mobility
15. Grievance Procedure
16. Disciplinary Procedure
17. Staff Handbook and Employment Policies
18. Confidential Information
19. Restrictions during Employment and after Termination of Employment
20. Data Protection
21. Changes to Terms and Conditions of Employment
22. Severability
23. Governing Law

Clauses with optional and alternative phrases
Options and alternatives appear in blue font. The way in which this document is designed ensures that it will make sense with or without the optional clauses. Tailor this contract by removing all phrases and clauses which are not relevant to your business. Once you have finished, please remember to highlight the whole document and switch the font colour to black.

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