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Contract Knowledge Centre · People
The written terms on which someone is employed: the role, the pay, the hours, the place of work, and how the relationship can be brought to an end.
It is the document both sides rely on when there is a dispute. Where terms are unwritten, the gap gets filled by what the parties actually did and by the general law - not by what the employer intended.
What each clause is for, and what to look at in the wording you have been given.
Role and duties
Defines what the person is employed to do.
What to check: That it describes the actual job, with enough flexibility to be workable but not so much as to be meaningless.
Remuneration and deductions
Sets pay, frequency, and what is deducted.
What to check: That statutory deductions are addressed, and that any variable pay is defined rather than discretionary in a way nobody can measure.
Probation
Provides a defined period to assess fit.
What to check: The length, the review process, and what notice applies during it.
Notice and termination
Sets how the relationship can be ended by either side.
What to check: That notice runs both ways, and that any payment in lieu is expressly permitted rather than assumed.
Confidentiality and intellectual property
Protects information and assigns work created for the business.
What to check: That assignment is express, and that confidentiality is scoped to real business information.
Post-employment restrictions
Limits what the employee may do after leaving.
What to check: Scope, duration and geography. Restrictions drafted too widely tend to be read narrowly or not upheld.
Any one of these can have an innocent explanation. Ask for it before you sign.
When to speak to a lawyer