Hampshire &amp; Isle of Wight

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<p>If you’re starting a new role, there’s lots to consider before you return the contract. We get the legal lowdown from <a href="https://parissmith.co.uk/staff/sarah-hayes-associate/">Sarah Hayes</a>, associate in the employment team at Paris Smith.</p>



<p>An employment contract is an important written document which is intended to capture the key terms and conditions of your employment. As such, it’s important that you understand the legal implications to minimise issues arising later down the line. Here are a few key areas to watch out for – before you sign on the line.</p>



<h2 class="wp-block-heading" id="h-salary-and-benefits">Salary and benefits</h2>



<p>As a starting point, you’ll of course want to check the salary is correct. However, it’s also really important to ensure that all of the benefits that you were anticipating are expressly included in your contract. For instance, will you receive a car allowance, bonus payments, private medical insurance, pension, commission or overtime? If so, ensure that you have clear details of each to avoid any misunderstandings arising. You should also make sure that the contract matches up with any terms included in your offer letter.</p>



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<h2 class="wp-block-heading" id="h-term-of-contract-and-probationary-periods">Term of Contract and probationary periods</h2>



<p>Be clear on whether you are being employed on a permanent open-ended basis, or whether your employment is going to be on a fixed term basis. If you have been offered a fixed term role, your employment contract will set out the duration of this term. The contract will also specify what notice period needs to be served by you and your employer.&nbsp;</p>



<p>If your employment is on a fixed term basis, you should be aware that this means that you are not being offered a permanent role and there is no guarantee that your employer will extend your employment. If this isn’t what you expected, discuss it with your employer and ensure that you are comfortable with the arrangements.</p>



<p>You should also check whether any probationary period will apply to your employment. Probationary periods are very common for new starters and generally last between 3-6 months. During this period, it’s usual for your employer to monitor your suitability for the role and to be able to end your employment on a shorter notice period.</p>



<h2 class="wp-block-heading" id="h-job-title-sick-leave-and-holiday-entitlement">Job title, sick leave and holiday entitlement</h2>



<p>Your job title – and any description – should be an accurate reflection of the position you’re accepting and the duties that you are expecting to do. If the description does not match up with what you were anticipating, discuss this with your employer before you sign. Legally, the contract should also include details of your annual holiday entitlement and any paid sick leave that may be offered. These amounts can either reflect the statutory minimum entitlements, or your employer may enhance them to a higher entitlement.</p>



<h2 class="wp-block-heading" id="h-place-of-work-and-working-hours">Place of work and working hours</h2>



<p>The contract should also specify your normal place of work and your expected working hours. If you had planned to work from home or you would like to work under a hybrid working arrangement you should ensure that the contract reflects this. It will be much harder to renegotiate your place of work once your employment has commenced. You should also check that the hours match up with what you were expecting and that you are clear on whether you’ll be required to work any overtime and, if so, how this will be paid.&nbsp;</p>



<h2 class="wp-block-heading" id="h-restrictive-covenants-intellectual-property-and-confidentiality">Restrictive Covenants, Intellectual Property and Confidentiality</h2>



<p>Your contract may include restrictive covenants (sometimes known as ‘post termination restrictions’). As you’re unlikely to be thinking about what will happen when you leave, these types of clauses are easily overlooked. However, it’s really important that you are familiar with these clauses as they are designed to restrict the actions you can take for a period of time after your employment ends. While there are different types of covenant, they commonly include restrictions on working with employees, clients and competitors.</p>



<p>The more informed you are at the outset, the better placed you will be if you decide to seek alternative employment. If you have any concerns about the implications of these clauses you should discuss this them with HR and may also wish to obtain independent legal advice before you sign. It may be possible to negotiate on these types of restrictions before your employment commences.</p>



<p>The contract is also likely to include a confidentiality clause and information about intellectual property (e.g. copyright and other creative rights). Broadly speaking, if you create or invent anything during the course of your employment, the intellectual property rights will be owned your employer.</p>



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<h2 class="wp-block-heading" id="h-how-to-deal-with-any-issues">How to deal with any issues</h2>



<p>Once you’ve looked through the contract, you may have questions about specific clauses or feel that something is incorrect. Whilst it can seem uncomfortable or awkward to raise queries with your new employer, it will be much harder to negotiate the terms once you have signed the contract.</p>



<p>Therefore, if you have any concerns, we recommend that you discuss them before you sign. It’s not unusual for prospective employees to have questions and they can usually be resolved quickly and positively. </p>



<p>You may find it helpful to suggest a call with the human resources team at your new employer to talk through your queries. Emphasise that you’re really looking forward to starting and have a few points of clarification to discuss. Hopefully, this communication will resolve any issues and put you on the best possible footing to start your new role.</p>



<p><em>For specific legal advice relating to employment contracts or other help on employment matters, contact Sarah Hayes. Email&nbsp;</em><a href="mailto:sarah.hayes@parissmith.co.uk"><em>sarah.hayes@parissmith.co.uk</em></a><em>, Tel. 023 8048 2165.</em></p>


Employment contracts: What to know before you sign on the line

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