In the UK, non‑compete (restrictive covenant) clauses are enforceable only if they protect a legitimate business interest (like trade secrets or confidential information) and are reasonable in scope and duration. Tech companies must therefore be careful. A narrow restriction (e.g. preventing a senior engineer from joining a direct competitor) lasting no longer than necessary to protect the legitimate interest, is most likely to be upheld. However, overly broad or indefinite restrictive covenants, such as general non-compete restrictions  are likely to be harder to enforce. We help tech employers draft or revise restrictive covenants so that they comply with UK law and stand the best chance of enforcement.

Even in a volatile market, employers must follow a fair redundancy process in order to be legally compliant. This means first identifying a genuine redundancy reason (e.g. where there may be a requirement for a reduction in the number of employees, whether within the business as a whole or within a particular site, business unit, function or job role)  and considering alternatives (redeployment, voluntary redundancy, flexible hours, etc.) If redundancies are still needed, you must consult affected staff (collectively where  20+ employees are being made redundant over a period of 90 days or less) and agree transparent selection criteria. We work with you to plan and document this process: we help you prepare a redundancy plan, inform and consult employees in good time, and advise on fair selection methods. We also appreciate that in some situations commercial decisions need to be taken, and we regularly provide strategic advice surrounding exit strategies for our tech and digital clients.

Broadly, an employment contract is for someone you hire as an employee (typically long‑term, with set hours, who will use your equipment, and have the benefit of usual employment rights like holiday and sick pay). A consultancy agreement is for an independent contractor hired to deliver specific services or projects. Consultants usually have more control over how and when they work (they use their own methods and equipment and can take on multiple clients), whereas employees work under your direction and generally exclusively for your company. In short, employment contracts create a permanent employer‑employee relationship, while consultancy agreements cover short‑term, project‑based engagements. It’s important to get this right: misclassifying employees as consultants (or vice versa) can lead to tax, IR35 and employment law issues.

A probation period provides an employer with the opportunity to assess an employee during the period at the start of their employment. Probation periods are governed by an individual’s employment contract - it is therefore essential that the details of any probation period are set out in this document. A probation period should be structured so that the employee is aware from the outset what they are expected to achieve and by when; they receive feedback on their progress during their probation period and they are informed of whether they have passed or failed their probation in good time. If an employee fails their probation, they should be given the statutory minimum notice (at least one week if they’ve worked for one month but less than two years). A probation period is normally for a duration of 6 to 9 months, which would therefore mean that an employee  would not be able to bring an unfair dismissal claim (because they lack 2 years’ service), but they could still claim for discrimination or whistleblowing for example, as an individual does not need any length of qualifying service to bring these claims. For fairness, we recommend treating it like any other dismissal: gather evidence of any performance or conduct issues, hold a probation review meeting to discuss concerns (with the employee’s right to be accompanied), and consider allowing an appeal against the decision. We can guide you through the process steps – from letters to meetings to final decisions  – to ensure any  dismissal is legally sound and documented.

Home and hybrid working undoubtedly  introduces new confidentiality risks. For example, family members might accidentally see sensitive data, home networks may not be secure, and paper documents can go missing. To counter this, employers should clearly define what information is confidential (trade secrets, client data, software code, etc.) and include confidentiality clauses in contracts. Robust IT measures are essential: requiring strong passwords, encryption, VPN or secure cloud access, and use of company devices where possible. Regular training is also crucial – remind staff of their obligations (and consequences of breaches). In practice, we help clients by drafting or updating confidentiality agreements and policies, advising on secure IT practices, and setting remote-working rules (for example, banning work in public places) to keep data safe.

In short - yes. Whilst there are very few legal requirements on employers in Great Britain to have written policies, it is good practice to set out the standards expected of employees. There are some requirements for a minimum level of information which must be provided to an employee as set out in section one of the Employment Rights Act. This information is usually provided in a contract of employment. Policies can bring legal protection and also set clear rules and expectations, help avoid disputes, and demonstrate compliance. We can help you draft all essential HR policies and tailor them to your culture and sector, ensuring legal compliance while keeping them practical for a lean tech business.

Absolutely. It is important that a place of work is specified in an employment contract, along with policies setting out the arrangements and conditions for homeworking or hybrid working. The policy should cover practical matters: which expenses the employer will cover, how performance will be managed, and what IT support is provided. We can draft or review your remote‑working policy so that it balances the flexibility tech staff value with clear boundaries and support. By codifying the process (how to apply, approval steps, review periods, etc.) you make hybrid work smoother and legally sound. We can also assist with dealing with requests to work flexibly, where an employee can request to change the location of their work, their hours and/or the times – or a combination of all three.