Place of employment destroyed by fire.... ?employees rights

[des8]

Thank you for the clarification Ula. and removing identification
Will pass on to daughter.
Clauses 5 & 6 are on the attachment here

Clause 5
Daughter is a trifled concerned because she knew some of the nursery clients socially prior to them becoming clients of her employer.
One is even an old school friend, so clause 5 could be a problem in the future.

Clause 6
Essentially ties an employee to the nursery as they can't go and be employed nor set up in a "restricted business" anywhere, or am I misreading this?

Comments appreciated

[ULA]

Clause 5 How likely is it she could be employed directly or indirectly by any of the clients she knew socially before starting the nursery?

Clause 6 My reading in para 1is that the restriction is for 3 months after termination.

[des8]

Re clause 6 it wasn't the time limit that was causing concern but the geographical spread "anywhere".
Buying & selling businesses often puts a limit of eg within 5 miles of existing business

Re clause 5 It seems excessive to forbid any employment (not just restricted business) with a nursery client, and in this part of the world peeps often move to work for acquaintances in a different field of employment. She has no plans at the mo', but you never know

[ULA]

I hear what you say.

My overall view of what I have seen is that the contract in places is a sledgehammer to crack a nut. The restrictive clauses are onerous and given the role I would expect, from my experience they would be limited to moving to a similar job in the local area i.e. to avoid poaching of staff between nurseries or clients deciding to entice staff away to work directly.

Has there been any response to your daughter's letter about signing under protest?

[des8]

Hi Ula
The insistence on returning the forms signed on Monday was changed to individual meetings today to explain the new contract.
Daughter should be in there at the moment arguing her corner.

One point I have told her she should not give way on is the start date.
She has been employed by them for the past three years, but they want to put today's date as start date of employment in the new contract.
A severe loss of rights methinks!

I'll post up the outcome when I know it

[ULA]

Please do let me know how it goes. Her continuous service is from her original start date with the nursery.

[des8]

Daughter just messaged OH that she was back home and not sacked!

Apparently she has had 9 mile radius inserted in clause 6
Getting more info on training fees
Start date agreed 2015 (and that was the most important bit)
Lockable box to be provided for mobile phones
Parent relationship clause is staying in due to past experience apparently

Many thanks for your Input Ula

[ULA]

Thanks for the update des8.

Good on the things that she has got changed and particularly important was her start date being agreed. Good also to see your sensible suggestion on the lockable box has been agreed.