5 things to check before signing your first employment contract

So, you’ve just had your first official offer of employment. The contract comes through and you flick excitedly to the salary and benefits section – because we all know that how much you are being paid is the most important thing, right? Wrong!

Here are 5 things that you really need to read through when your first employment contract arrives instead.

1. Probationary period

The first 3 months (usually) of your employment are your probationary period. That means that during this time, even if you aren’t aware of it, you are being assessed: your performance, your attitude, your willingness to be a team player, your capacity to take instructions and improve; and whether you can handle a drink on work socials! Essentially, you should be on your best behaviour!

If the company thinks you might need a bit more training to get where they need you to be, or they are unsure of your fit for the role, they can extend the probationary period for a reasonable amount of time (around 3 months). Usually this right should be in the contract.

At any point during the probationary period, you and your employer can part ways, typically by giving a week’s notice. As long as the employer doesn’t have other reasons for asking you to leave that are unlawful, such as discrimination, they don’t really have to follow much of a procedure. It’s best practice that they do, though, even if it is a shortened procedure, and you should ask for feedback on their decision.

If you are successful in your probationary period, you will now be a permanent member of staff – hurrah!

2. Restrictions

At most levels, unless your role is very junior, you will almost definitely have restrictions in your contract. They are usually listed near the end, really boring to read (unless you’re a lawyer and enjoy that kind of thing!) and, as a result, employees sign them without reading or understanding them.

The usual ones included stop you from competing with the company for a period of 3-6 months after you leave and stop you from poaching clients/customers and employees for 6-12 months after leaving. Often, the contract will prevent you even from speaking at all to these people (called a non-dealing clause).

Once you’ve signed the dotted line, restrictions are tricky to get out of, so it’s always best to get some advice and/or ask your employer what they mean in practice. 

3. Mobility and Home-working clauses

You will have a set office address where you will do the majority of your work, however, be aware that your employer can move you to any reasonable location if they need you to - any location in London will usually count as “reasonable” – for example if the company moves offices; if they want to place you in a different associated business; or if they want you to be onsite with a client for a couple of weeks etc. 

Whilst it’s good practice for your employer to run this past you, they don’t actually need your agreement.

With so many people working at home these days, any new employment contracts will likely feature homeworking clauses. This means that you will have to make sure you take appropriate breaks during your working day, that there’s nothing in your lease or mortgage that states you cannot work from home, and that you consent to your employer coming into your home to check its safe every once in a while (although I don’t think many employers actually do this!).

4. Confidentiality

This is a biggie for employers: you are being entrusted with the inner workings of their business. You must not disclose any confidential information during your employment and after it has ended - and that’s for forever!

Confidential information includes: client and customer details, employee details, budgets, marketing plans, software knowledge, the list goes on.

When you leave, you will be expected to return all your notebooks and any printed confidential information. You will also need to wipe your phone and laptop of anything at all company-related.

5. Working hours

If you’re doing shift work or manual work, your contract will state set times, and anything worked over that will likely be paid as overtime. There will be a procedure you have to follow to ensure that overtime is paid, however, such as getting it agreed with your manager in advance.

For the majority of office-workers though, you will have set hours in your contract (9-5:30, 9-6:00 are the most common), but you will sometimes be expected to work over and above these to get the job done. And I'm sorry to say that you won’t be paid extra for this. This might seem like quite a fright in your contract but it's standard practice.

Some companies may also require you to sign an opt-out form which means that you agree to working over the 48-hour weekly maximum. Technically you can withdraw your agreement after signing this with 3 months’ notice, but in reality, no one ever does.
 

If you're still not sure about your contract, it's always best to seek further advice. Jane Johnson is a director of JLJ Legal - you can reach her on jane@jljlegal.co.uk for queries on your employment contract or anything employment law related.