Employment Rights Act 1996: Core employment legislation that governs post-employment obligations and protections against unfair dismissal implications. Must be considered when drafting post-termination restrictions.
Defamation Act 2013: Defines defamatory statements, provides defenses to defamation claims, and establishes truth and honest opinion provisions. Essential for understanding what constitutes disparagement.
Human Rights Act 1998: Particularly Article 10 regarding Freedom of Expression. The agreement must balance contractual non-disparagement obligations with fundamental human rights.
Trade Union and Labour Relations (Consolidation) Act 1992: Protects rights regarding protected disclosures and discussions about working conditions. The agreement cannot override these statutory protections.
Public Interest Disclosure Act 1998: Whistleblowing legislation that protects individuals making public interest disclosures. The agreement cannot prevent legitimate whistleblowing activities.
Contract Law Principles: Fundamental principles including consideration requirements, reasonableness of restrictions, and enforceability of terms. Essential for ensuring the agreement is legally binding.
Equality Act 2010: Protects against discrimination and ensures the agreement cannot prevent reporting of discrimination. Covers protected characteristics and related complaints.
GDPR and Data Protection Act 2018: Governs personal data handling and preserves the right to make complaints to regulators. The agreement must respect data protection rights.
Common Law Principles: Includes restraint of trade doctrine, reasonableness requirements, and public policy considerations. These principles help determine the enforceability of the agreement.
