Part-time Employment Contract with Restrictive Covenants
This Part-time Employment Contract contains detailed restrictive covenants, particularly in relation to non-solicitation and non-compete.
This Part-time Employment Contract with Restrictive Covenants is most applicable to part time junior roles where an enhanced level of restriction is needed.
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.
In this contract the specific restrictions are contained in a Schedule to the main agreement. The contract requires that the employee provides any prospective new employer with a signed copy of the Schedule so that they are aware of the restrictions that the employee is subject to. The non-solicitation clause provides that for a period of time after termination of employment the employee can’t poach certain employees with whom the employee had substantial dealings or who reported to the employee. The non-compete clause provides that for a period of time after termination of employment the employee will not compete with the company’s business, will not deal with the company’s customers (with whom the employee has had substantial dealings) in competition with the company’s business and for a more limited period will not solicit the company’s customers (with whom the employee has had substantial dealings) at all, even if not in competition with the company’s business.
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.
This Part-time Employment Contract with Restrictive Covenants is compliant with both the Employment Rights Act 1996 and Employment Act 2002, and contains the following clauses as per the requirements of section 1 of Employment Right Act 1996
2. Duties and Job Title
3. Date of Commencement/Continuous Employment and Notice Period
4. Place of Work
5. Hours of Work
8. Sickness Absence
10. Non-Compulsory Retirement
11. Confidential Information
12. Exclusivity of Service
13. Collective Agreements
14. Grievance Procedure
15. Disciplinary Procedure
16. Restrictive Covenants
17. Data Protection
18. Changes to Terms and Conditions of Employment
20. Governing Law
Schedule: Pre-termination and Post-termination Restrictions.
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 contract has been updated accordingly with the removal of the clause referring to the contracting out certificate.
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Clauses with optional and alternative phrases
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