Part-time Employment Agreement with Restrictive Covenants Template

Part-time Employment Contract with Restrictive Covenants Updated

EMP.PT.RC.01

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.

Employers must provide workers and employees with a written statement of their main terms and conditions of employment and this is often known as a Standard Form Section One Statement.

This Part-time Employment Contract with Restrictive Covenants covers the requirements of a Standard Form Section One Statement. From 6 April 2020, there are new rules on what must be included in a written statement for new starters and pre-existing employees will be able to request a written statement that complies with the new rules. This contract complies with these requirements and must be provided to the employee or worker by day one of employment.

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

1. General
2. Duties and Job Title
3. Date of Commencement/Continuous Employment and Notice Period
4. Place of Work
5. Work outside the UK

6. Hours of Work
7. Remuneration and Benefits 
8. Holidays
9. Other paid leave

10. Training

11. Sickness Absence
12. Pension
13. Non-Compulsory Retirement
14. Confidential Information
15. Exclusivity of Service
16. Collective Agreements
17. Grievance Procedure
18. Disciplinary Procedure
19. Restrictive Covenants
20. Data Protection
21. Changes to Terms and Conditions of Employment
22. Severability
23. Governing Law

Schedule: Pre-termination and Post-termination Restrictions.

This contract is in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.

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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