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Every Person Under Contract
Written by John Berry on 1st May 2017. Revised 25th March 2020.
5 min read
Every person associated with a firm should be under some contract or other. Employees will have employment contracts. Sub-contractors will have sub-contract contracts. And self-employed must be under contract too. Even those working through agencies must have a relationship with the principal. Here's why and how.
Settlement Agreements
Written by Sue Berry on 9th May 2017. Revised 25th March 2020.
2 min read
Sometimes situations occur in the workplace where, despite using management effort to attempt to resolve issues, the organisation decides that ending the employment is the best way forward. Settlement agreements, previously referred to as compromise agreements, are used in this situation.
It's easier to settle than manage
Written by John Berry on 23rd April 2019. Revised 25th March 2020.
7 min read
Entrepreneurs and leaders must become managers and embrace management when they want to achieve something - when, metaphorically, they want to build ‘great big ships’. They must work with their people and help them excel, not demand performance and dismiss when that does not follow, or the relationship otherwise sours. Here's why - but take care, some managers may find that the truth in this offends.
Managing restrictive covenants
Written by Sue Berry on 4th May 2017. Revised 25th March 2020.
5 min read
So what happens when someone jumps ship to a competitor and has a restrictive covenant in their contract of employment? Restrictive covenants bind employee to neither solicit, compete, deal nor poach. Restrictive covenants are difficult to enforce, involving complex discussions and communications. Read here how to proceed.
On Health Screening and Other Employee Surveillance: A guide to introduction
Written by John Berry on 29th May 2017. Revised 25th March 2020.
14 min read
Management has the right to manage. But it has to behave reasonably and have good reason for its actions. This paper addresses the general question often asked: can management implement routine screening, testing or other surveillance of employees, their goods, information and health? It goes on to show how management should go about its introduction in cases where screening or surveillance is appropriate.
Competent Person Role Assures Health and Safety
Written by Sue Berry on 3rd May 2017. Revised 25th March 2020.
5 min read
Recently we were asked if a person with specific health and safety responsibility, and identified by a firm as a Competent Person, needed a special section in their Terms and Conditions of Employment stating that they should ‘act without fear or favour’. What’s important is the delegated authority and status enabling them to carry out their role as required by management. Modification of employment documents is not needed.
