Under the Employment Rights Act 1996, if you are an employee you have the right to be provided with a written statement of employment particulars (a contract of employment) if your employment is for a duration of one month or more.
This document should be provided to you within two months of the start of your employment. You should request that your employer provides you with a copy of your contract of employment as soon as possible to give you the chance to review it in detail.
The Employment Law specialists at Taylor & Emmet can assist you if you feel that the language in your employment contract or service agreement is confusing or concerning. It is worth remembering that you do not have to sign the first contract which is drafted for you and it is possible to request that changes are made.
Once the document is signed, it becomes the main statement of your terms of employment, so it is crucial that it is correctly drafted and covers the job role and benefits that you have agreed with your employer so that there are no misunderstandings about the basis of your employment.
We can help you decide whether or not it is in your best interests to sign up to your contract or to make recommendations for amendments or negotiate with your employer to alter the contract to make it more favourable to you.
Restrictive Covenants and Confidentiality Clauses
If your contract contains onerous restrictive covenants, intellectual property or confidentiality clauses, we can negotiate for their removal or amendment, or advise you on whether the restrictive covenants are likely to be enforceable. If you need advice on how to ensure that your employment status is correctly recorded in your contract, one of Taylor&Emmet’s Employment Law experts can help.
Other common clauses which you may wish to change include those relating to holidays, notice periods, rest breaks, sick pay or expenses. You may also wish to seek clarification on any “boiler plate” clauses and how they govern the contract.
Boiler plate clauses (often referred to as miscellaneous provisions) usually appear towards the end of a contract of employment or Service Agreement. They are important because they may affect your legal rights under the contract. They are essential to the interpretation of the legal document as a whole, and are necessary to make it work and regulate the contract's operation.