Employment law Q+A

Christina Reed, employment law solicitor at Vincents answers the most commonly asked questions employers have regarding workforce management.

Q. Should I put an employee on garden leave?

A. Garden leave prevents exiting employees from poaching staff and customers and gaining access to confidential information. It is important that employers have a garden leave clause in the employee’s contract, along with restrictive covenants. The duration of garden leave must be reasonable, as the courts have granted injunctions for garden leave in excess of six months and most recently 12 months in a city brokers case.

Q. Can I keep in touch with an employee who is off work sick?

A. Employers have to strike a balance between offering support and keeping contact to a minimum. A good rule of thumb would be a telephone call every two weeks. The employee must not feel an onus to offer input in the workplace. Excessive contact which causes distress could amount to harassment.

Q. When will a restrictive covenant be unenforceable?

A. An employer will be unable to enforce a restrictive covenant in an employee’s contract if he cannot show that the business legitimately requires such protection and the level of protection is reasonable given the interests of the parties and the public interest. Factors to consider are the employee’s rank, customer base, area of operation and access to confidential information.

Q. Can I refuse an employee’s holiday request?

A. The employer can refuse a holiday request by issuing a counter notice. Employers must ensure that this does not breach the Working Time Regulations if employees are unable to take their holidays before the leave year ends. Employees are not legally entitled to carry unused leave forward or receive pay in lieu of holiday pay unless their employment is terminated.

Q. Can an Employee bring a claim for Unfair Dismissal?

A. Employees whose employment began before 6 April 2012 must have at least one year’s service. Recent legislation increased this period to two years for those beginning employment on or after that date. There are a number of unfair dismissal claims where an employee does not need to have the requisite qualifying service such as discrimination claims.

Q. Was the redundancy dismissal reasonable?

A. To ensure the dismissal was reasonable, the employer must show that they consulted affected staff; adopted a fair selection process and took steps to avoid/ reduce redundancies by redeployment.

Enjoyed this? Read more from Lancashire Business View

Latest news

1

Major milestones reached in build of Pleasure Beach Resort’s new ride Aviktas ride taking shape

Major milestones reached in build of Pleasure Beach Resort’s new ride

28 Nov 2025

2

Airframe Designs to play key role in world water speed record attempt ames Hodgkiss Jerrod Hartley And Chris Fleet Of Airframe Designs In The Longbow Workshop

Airframe Designs to play key role in world water speed record attempt

27 Nov 2025

3

Lancashire businesses react to Autumn Budget announcement Roger Philips

Lancashire businesses react to Autumn Budget announcement

26 Nov 2025

4

Reeves delivers £26bn tax rise Budget UK Parliament Budget photo

Reeves delivers £26bn tax rise Budget

26 Nov 2025

5

Seven Lancashire towns on list of target locations for new M&S Food stores M&S Food Stores

Seven Lancashire towns on list of target locations for new M&S Food stores

26 Nov 2025

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
CMI Level 5 Project Management Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Project Management Course

Preston Campus, Preston, PR1 2HE

08:00 - 17:00

CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

Help to grow management course
Help to grow - barriers to growth.png.png
LBV Hub Seminars
26 Sep 2025 - 16 Dec 2025

Help to grow management course

Preston Campus , Preston , PR1 2HE

09:00 - 15:00

RISE - Lancashire's unique leadership programme for women
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
22 Oct 2025 - 18 Mar 2026

RISE - Lancashire's unique leadership programme for women

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:30 - 15:30

Women scaling up Blackpool Fylde and Wyre
LBV Hub Seminars
22 Oct 2025 - 09 Jan 2026

Women scaling up Blackpool Fylde and Wyre

The Small Business Academy, Blackpool, FY4 5JX

09:30 - 15:30

Lancashire post Budget analysis finance leaders events
MHA-BTI Logo_black (002).jpg.jpg
LBV Hub Networking
27 Nov 2025 - 27 Dec 2025

Lancashire post Budget analysis finance leaders events

Farington Lodge Hotel, Stanifield Lane, Farington, Preston, PR25 4QR

08:00 - 10:00

Navigating making tax digital for Income Tax
mtd event LinkedIn.jpg.jpg
LBV Hub Seminars
03 Dec 2025 - 03 Dec 2025

Navigating making tax digital for Income Tax

Junction 4 Skatepark , Darwen, BB3 0AJ

08:00 - 10:30

The Business Network Central & East Lancashire
LBV Header (27).png.png
LBV Hub Networking
04 Dec 2025 - 04 Dec 2025

The Business Network Central & East Lancashire

Mytton Fold, Langho, BB6 8AB

11:15 - 14:30

Chamber Breakfast Networking – December
Logo.jpg.jpg
LBV Hub Networking
04 Dec 2025 - 04 Dec 2025

Chamber Breakfast Networking – December

The Longlands Hotel, Carnforth, LA6 1JH

08:00 - 10:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV124 Online Graphic
Subscribe now

Weekly news bulletin