This can mean that individuals tend to skim over the details of what is being offered to them in haste to accept the role. Failure to properly understand what terms you are agreeing to, can lead to misunderstandings and miscommunications further down the line.
Here, we offer some overview guidance on some of the key points to look out for:
Headline points
You should first ensure that the job title matches the one you expected, as well as the salary and holiday entitlement. These key terms will be what your employment is based on, so ensure that this is in line with what was discussed during the recruitment process.
If not, it is essential that these are clarified before your start date (and indeed, before you sign your contract). Consider whether there is any allowance for bonus payments or if the employer is contractually bound to review your salary each year.
In addition, if your duties are outlined in the contract, check that they echo the job description initially advertised and are reflective of the position for which you applied.
Location
Usually, expectations for office attendance are explained during the interview process. Ensure that the location of work clause matches what was discussed. If the role is fully remote, the contract should detail this.
Employees are entitled to submit up to two flexible working requests within a rolling 12-month period, from day one of employment. However, employees should not rely on this to guarantee that their proposed flexible working requests will be granted. Employers will need to be able to demonstrate a business reason for the rejection, potentially more likely if a flexible working request substantially alters the requirements of the role, explained during the recruitment process.
Post-termination restrictions
Restrictive covenants are often included in an employment contract and act as a protection mechanism for the employer to limit the employee’s activity post-termination. They are designed to prevent them from, for example, soliciting staff, poaching clients or competing with the business.
Without these, employees could immediately begin working for a competitor or seek to solicit existing clients. These will typically be for a defined period of time (such as six or twelve months) and for a defined scope (such as a geographical radius).
Employees should be mindful of these restrictions when signing an employment contract as whilst termination should - hopefully! - feel like a distant prospect, you should understand what you are agreeing to at the outset, and any limits on your future plans.
What should I do next?
Employers should give employees sufficient time to review their contractual provisions and understand what this means for them, as well as allowing them an opportunity to seek clarification on any points on which they may be unsure.
CooperBurnett’s main office is in Tunbridge Wells, however we can arrange a meeting with you in Dartford or the surrounding area.
If you would like support in respect of your employment contract provisions, please do not hesitate to contact Molly Mackay by email: mxm@cooperburnett.com or tel: 01892 515022
This blog is not intended as legal advice that can be relied upon
Originally published in Dartford Living: https://www.dartfordliving.com/
