It is an often-repeated maxim of Charles Dickens that ‘the law is an ass’. People enjoy quoting it to me, and sometimes I agree with them. One of those cases is the law regarding employment contracts. Employers must give a statement of the main terms by your first day of employment and then the remaining terms within 2 months of your start date.
This is unhelpful. Although you will no doubt have the key terms agreed by then (salary and place of work and holiday being the main ones), there are many potentially onerous clauses that you will normally not discover until later, when you are in not such a good negotiating position, having given up your previous job and started the new employment. The only option then, if you can’t agree on the terms, is to give notice and leave. You might then face unemployment which is not a real choice.
These clauses might prevent you working in the same industry once you leave for up to 2 years afterwards, depending on your role. They could force you to relocate to a different area on request. Or you may have to agree that your employers can vary your working hours and/or days, or your working pattern, to meet the needs of the business.
How to Protect Yourself
There is an easy solution. When you receive a job offer, express enthusiasm and ask the employer to send you the draft contract containing all the terms of employment. You can understand and negotiate the terms before handing in your notice to your existing employer. The new employer may refuse, but I would be very concerned if they won’t tell you what the terms are before you start.
If you want expert advice as to the terms and effect of an employment contract before signing it, or if you have a dispute with an employer afterwards, contact us.
Get Professional Advice
Protect your career and peace of mind by understanding exactly what you’re signing. Don’t wait until it’s too late and get expert employment contract legal advice before agreeing to terms that could limit your future opportunities. Speak with our employment law specialists today for trusted employment contract legal advice that ensures your rights and interests are fully protected.
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