Free Checklist
Employment contract checklist
10 things to check whether you're writing or reviewing an employment contract. Covers the clauses that cause the most problems when they're wrong.
01
Job title and duties
Is the role clearly defined? Vague descriptions cause disputes later. Make sure the duties match what was discussed.
"And any other duties as required" is fine as a catch-all, but the core responsibilities should be specific.
02
Salary and benefits
Is the total compensation package clearly stated? Include base salary, bonuses, pension contributions, health cover and any other benefits.
Discretionary bonus clauses with no criteria are a common source of disputes. Define how bonuses are calculated.
03
Working hours and location
Are the hours clear? Is there flexibility for remote work? Post-pandemic, this is one of the most contested clauses.
A clause requiring "full-time office attendance" with no hybrid option will narrow your talent pool considerably.
04
Notice period
Is it mutual? What's the length? Senior roles typically have longer notice periods. Make sure it works for both sides.
Asymmetric notice periods (three months from the employee, one month from the employer) rarely survive a tribunal challenge.
05
Probationary period
Is there a probation period? What are the terms during probation? Shorter notice during probation is normal but should be explicit.
Forgetting to extend or formally end probation can create implied confirmation. Set calendar reminders.
06
Restrictive covenants
Non-compete, non-solicitation and non-dealing clauses. Check the scope, duration and geography. Overly broad restrictions may not be enforceable under UK law.
A 12-month worldwide non-compete for a mid-level role will almost certainly be struck down. Keep restrictions proportionate.
07
Intellectual property
Who owns IP created by the employee? Under UK law, employers usually own IP created in the course of employment, but the contract should make this explicit.
Without a clear IP assignment clause, disputes over who owns what can get expensive fast. Spell it out.
08
Confidentiality
Are the obligations clear and reasonable? Make sure confidentiality survives after the employment ends.
Confidentiality obligations that don't survive termination leave you exposed the day someone walks out the door.
09
Garden leave
Can you put someone on garden leave during their notice period? This protects you from an employee going straight to a competitor.
Without a garden leave clause, you can't stop someone working for a competitor during their notice period.
10
Termination and disciplinary
Are the grounds for termination clear? Does the contract reference your disciplinary procedure? Make sure it aligns with ACAS guidelines.
A contract that contradicts your disciplinary policy is a tribunal waiting to happen. Keep them aligned.
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