Should my lawyer review my employment contract?

You have worked hard to research your new position, get through the interview process and now you have received an offer from one of your top choices. All you have to do is sign on the dotted line, and you’ll be gainfully employed at an organization with a culture and values you can get behind, right?

Pause. Before you sign that contract, did you ask yourself whether an employment lawyer should review your employment contract? Probably not. Aside from those people in the highest echelons of the corporate world, few people seek legal advice when it comes to employment contracts – but that is behaviour you may want to consider adopting.

If you are one of the many (or you know of someone) who have been in the position at the end of your employment with an employer and you realise (usually when it is too late) that you have a number of restrictions in your employment that could actually cause difficulty in you working for a competitor or within a certain geographical scope, you are not alone and it is likely to happen again.

Some of the common provisions and terms worth taking note of are: 

• Termination: In most cases, the employer can terminate your employment at any time for any reason by giving a certain amount of notice. If this is done within two years, you may not be able to bring an unfair dismissal claim (correct as of 3rd August 2020)

• Inventions and copyrights: If you create something while working for your employer, your employer may own the intellectual property rights to that. 

• Just-cause termination: As an employee, you will want to ensure that the contract requires that the employer has just cause for terminating you.

• Job description: There needs to be a clear picture of what you will be doing in terms of work.

• Side jobs: If you plan on having a second job, you should make sure your contract does not prohibit that.

• Non-solicitation: The contract may prohibit you from working with former clients and employees after you leave. Make sure this (and any other restrictive covenants) is reasonably worded.

• Compensation and benefits: Make sure the contract includes specifics in terms of base pay, bonuses, health insurance etc.

It is so important to ensure you do not just focus on the remuneration package. While employers rarely do so deliberately, their employment contracts may sometimes contain clauses that are illegal or unenforceable, and frequently fail to reflect all of the benefits you have actually agreed with your new employer. 

For more information or to speak with Roy Magara, a specialist employment lawyer, please call 01869 325 883 or email  roy@magaralaw.co.uk .