Best places for resources on job contracts

Kai_63

Can anyone advise on the best places with checklists/advice etc for what to look for in employment contracts?

I've had mine through. They're a well known US company (with offices in UK) but as a result the contract is quite full on and I want to make sure it's all OK before signing.

ACAS and government sites have very general info.

DullGreyGuy

So you are being employed by one of their UK companies?

What to check for really depends on what's important to you, some hate the idea of a long notice period so will want to check that isnt anything more than a month, others want the security of a long notice period so will check that its over a month, at least after probation. 

Beyond that really just find some quiet time and read the document end to end making notes of anything you dont fully understand or dont like. Then you can either raise questions here or with the employer about those particular clauses. Most contracts are however written heavily into the favour of the employer, things like bonuses are normally discretionary but their ability to vary your hours, locations, duties are often unilateral for example. 

Kai_63

Thank you yes definitely written in their favour! I'm fairly familiar with regular job contracts but it's been a while since I've had to look at a new one.

Yes employed by a UK company so bound by UK law.

Will share any questions in that case.

Grumpy_chap

DullGreyGuy said:

you can either raise questions here or with the employer about those particular clauses. Most contracts are however written heavily into the favour of the employer, 

Most employment contracts are also standard and most elements are non-negotiable / non-changeable so maybe best to ask here first rather than risk jeopardising the opportunity.  You may be able to seek clarification if anything is unclear but change is often difficult.

Undervalued

Grumpy_chap said:

DullGreyGuy said:

you can either raise questions here or with the employer about those particular clauses. Most contracts are however written heavily into the favour of the employer, 

Most employment contracts are also standard and most elements are non-negotiable / non-changeable so maybe best to ask here first rather than risk jeopardising the opportunity.  You may be able to seek clarification if anything is unclear but change is often difficult.

Indeed ^^^^^

Unless the proposed job is very senior or you are being headhunted for a post that would be very difficult to fill, it is unlikely that a large multinational will deviate much (if at all) from their standard terms.

Remember too that you have very little security in the first two years and can be "let go" for no reason at all just by being given a week's notice (unless the contract specifies more).

Some might feel that with employment rights being even less protected in the US compared to the UK, a US company will do the very minimum UK law will allow (or less if they can get away with it)!

Kai_63

Thanks everyone. It's a reasonably senior role and some things like non compete clauses for a year seem overly arduous (6 months I could understand but seems a lot if they make me redundant for example). 

But it's hard to know what is standard vs reasonable and therefore there's an opportunity to discuss them at least.

Grumpy_chap

Kai_63 said:

Thanks everyone. It's a reasonably senior role and some things like non compete clauses for a year seem overly arduous (6 months I could understand but seems a lot if they make me redundant for example). 

But it's hard to know what is standard vs reasonable and therefore there's an opportunity to discuss them at least.

You probably cannot get a non-complete clause changed.
They are, however, often not enforceable if they amount to "constraint of trade"

DullGreyGuy

Kai_63 said:

Thanks everyone. It's a reasonably senior role and some things like non compete clauses for a year seem overly arduous (6 months I could understand but seems a lot if they make me redundant for example). 

But it's hard to know what is standard vs reasonable and therefore there's an opportunity to discuss them at least.

How long is your notice period? 

Non-Compete clauses you really have to look at the detail of what they are saying. Some are very "optimistic" in their wording and are likely to be unenforceable... the broader they are the more difficult it is for them to prove that they are reasonable over a longer timescale. 

Kai_63

DullGreyGuy said:

Kai_63 said:

Thanks everyone. It's a reasonably senior role and some things like non compete clauses for a year seem overly arduous (6 months I could understand but seems a lot if they make me redundant for example). 

But it's hard to know what is standard vs reasonable and therefore there's an opportunity to discuss them at least.

How long is your notice period? 

Non-Compete clauses you really have to look at the detail of what they are saying. Some are very "optimistic" in their wording and are likely to be unenforceable... the broader they are the more difficult it is for them to prove that they are reasonable over a longer timescale. 

Interesting!

My notice period is 3 months.

Non compete is focused on existing clients and then prospective clients engaged with by the company within the past year before my contract ends.

My concern is that the latter is very broad. If I'm working anywhere within a competitor's business (and this company's competitors will be very large companies with a broad range of services) even if it's nothing to do with my current work, I wouldn't be able to take a role. 

Grumpy_chap

Kai_63 said:

My concern is that the latter is very broad. If I'm working anywhere within a competitor's business (and this company's competitors will be very large companies with a broad range of services) even if it's nothing to do with my current work, I wouldn't be able to take a role. 

Yes you would.
Clauses that are too broad are very rarely enforceable.
https://uk.practicallaw.thomsonreuters.com/9-200-3455?transitionType=Default&contextData=(sc.Default)

Kai_63

Grumpy_chap said:

Kai_63 said:

My concern is that the latter is very broad. If I'm working anywhere within a competitor's business (and this company's competitors will be very large companies with a broad range of services) even if it's nothing to do with my current work, I wouldn't be able to take a role. 

Yes you would.
Clauses that are too broad are very rarely enforceable.
https://uk.practicallaw.thomsonreuters.com/9-200-3455?transitionType=Default&contextData=(sc.Default)

This is so useful. So is it something I could raise now to get the clauses redefined or just wait if and when I need to at the end of my contract?