When you are joining a new employer, whether as an employee, worker, director, or self-employed contractor, you should ensure that the contract of employment that you enter into not only reflects what has been agreed, but also puts you in the best possible position now and in the future. (This is particularly so given the current legal uncertainty surrounding employment status and the “gig economy”.)
Hine Legal’s specialist employment lawyers will take the time to understand your situation and then work with you to ensure that your new employment contract reflects what you have agreed with your new employer and provides you with the necessary legal protections. Our aim is to take the long term view of your career. The more we understand of your ambitions the better able we are to, as far as possible, advise you so that what you agree now supports your future career plans.
What Your Employment Contract Should Cover
Your contract should set out what has been agreed in respect of:
- your pay and working conditions
- any flexible and remote working arrangements
- pension contributions and benefits
- share and stock options
Employment contracts, particularly for senior executives, will usually include post termination restrictive covenants – provisions preventing you for a specified period of time from:
- going to work for a direct competitor; or setting up a competing business (non-compete provision);
- doing business with existing customers (non-solicitation of clients);
- employing or working with your employer’s staff (non-solicitation of employees).
In addition, most employment contracts will include confidentiality clauses which will restrict your ability to divulge confidential information belonging to your employer (including the details of your clients and contacts).
Such provisions are known either as post termination restrictive covenants or post termination restrictions.
We can assist with your negotiations regarding the scope and duration of any post termination restrictions to ensure that they are reasonable and not excessive.
At Hine Legal we work both with individuals and businesses. So as well as understanding what motivates you, we also have a perspective on what your employer is likely to be seeking. This insight into the positions of both sides in a negotiation helps us to give practical and realistic advice as to the likely outcome.
Employment Law Advice For Consultants
If you are a self-employed consultant, we can work with you to draft and negotiate agreements and contracts for your clients, and provide pragmatic and clear advice on existing contractual issues, including:
- terms and conditions of business
- service level agreements