Today has been dubbed blue Monday, the most depressing day of the year. If your employees aren’t applying for divorce or weighing up their overdrafts they may well be considering a change in career. Traditionally blue Monday sees a large number of employees take the decision to change profession or job in pursuit of pastures new.
For an employer staff turnover can cause huge disruption to a business. You may have spent money and time training staff and the cost of recruiting and replacing those who decide to leave can bring its own problems. So as an employer how do you ensure your workforce remains loyal?
From a legal point of view an employee can be tied into a long notice period preventing them from leaving employment until the period of notice has been worked. At first sight this may seem the best solution, however forcing an employee to work a long notice period when they clearly wish to leave is unlikely to be productive. Employees may start to do the minimum knowing they are simply ‘serving their time’.
Further if an employee breaks their period of notice an employer has limited recourse against the employee. You would need to show that you have suffered a loss as a result of the employee breaching their contractual notice period. If you employ a teacher and are forced to employ a supply teacher the measure of loss is simple, it is the difference between what the supply teacher compared to the employee teacher is paid. However in many circumstances the loss will not be easy to evidence.
Overly restrictive covenants designed to prevent employees working for competitors may well be seen as restraint of trade clauses and will not be upheld by the court.
Instead employers may want to consider the carrot rather than the stick. Why not do something (even if something small) to remind employees how valued they are. The cost of retaining good employees can be far less than trying to replace them.
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Andrew is a Commercial & Employment Law solicitor in Leicester. Our Solicitors in Leicester are experts in their fields and dedicated to quality client care. If you would like to find out more about our solicitors in Leicester please contact us.Talk to our legal team
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