How to protect your business when your key people leave

By Dawn Robertson, Partner & Employment Specialist

On September 4, I spoke at an event in Edinburgh that focused on how businesses can protect themselves when key people leave. Here are some of the things I think can help you, whatever the size of your business:

  • Don’t wait to think about contracts until an employee is leaving. Establishing solid contracts at the time of hire is not only best practice but essential to protect your business.
  • Review your employment contracts on a regular basis. Circumstances often change within companies.
  • Make sure you have restrictive covenants in place. They will serve as an important strategic asset to employers, not only during employment but also as a way of preventing an employee from harming you after they leave.
  • Have you put in place a gardening leave clause? It’s important to define the terms of such a clause to avoid later disputes.
  • Is the notice period appropriate for the level of seniority within the business? Are new contracts prepared for staff when they are promoted?
  • Does the contract require compliance with company policies, e.g. cybersecurity, speaking with the news media, confidentiality, and social media activity?
  • What is your business’s exit protocol? How do you treat your exiting staff?

This is just a broad overview of the questions you should be asking yourself. If you have any questions or need advice on the implications for your business please feel free to contact us here.

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