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Queries on new job contract

33 replies

Jackstini · 30/12/2010 14:09

Any ideas on the best course of action if I have queries on a new job contract?
I just want a second opinion as to if all the jargon is just par for the course or if there is anything I should be wary of.
Do solicitors do that type of thing and if so how much would it be?

Also are any of them open now as I am due to see my current boss next Tues which would be the ideal time to resign. (We only see each other about once every 10 days)
Think I am just a bit nervous! Not moved jobs for 7 years.

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flowerytaleofNewYork · 02/01/2011 19:31

Oh yes absolutely, no way I'd agree to that either.

three months notice pretty standard in senior positions ime, no idea if that's the case here, but of course reasonable to want three months from the employer in return.

want2bsupermum I have to say I've never come across a restrictive covenant where the employer continued to pay the employee after termination of employment during the period of restriction. Very harsh restrictive covenants may be difficult to enforce but it's certainly not necessary for employers to continue to pay 'basic pay' after the end of employment to make them enforceable.

PinkElephantsOnParade · 02/01/2011 19:39

Yes 3 mths std for senior positions but contracts usually give better protection and compensation for losing job for senior positions to compensate.

I agree re restrictive covenants - there is absolutely no need for payment past termination date to be made for them to be enforceable. If you agree to the clause, especially if you are in a senior position, expect it to be enforced.

And even very harsh covenants can be enforceable these days.

flowerytaleofNewYork · 02/01/2011 19:46

"contracts usually give better protection and compensation for losing job for senior positions to compensate"

I've not come across extra compensation for senior staff other than the same notice period on both sides, which is usual across the board not specific to senior roles. Obviously we can all only speak as we find though, my point was only that 3 months isn't particularly long for a senior position in my experience.

Want2bSupermum · 03/01/2011 03:15

That would be because termination of employment was defined as three months after the last date of work. I looked up the contract and it says my employment would terminate three months after notice is given. It then goes into detail saying that no access to the office or computer network is allowed and earning would be basic pay unless employment is gained in a unrelated field.

Jackstini · 03/01/2011 09:16

Ok so general consensus is to make sure the 'decrease salary' clause is taken out and to ensure notice period same on both sides.

If they are not willing to change that, I walk away.

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PinkElephantsOnParade · 03/01/2011 11:57

That would be reasonable Jackstini - assuming all other clauses are reasonable.

Jackstini · 03/01/2011 15:25

I think they are but am no expert!
Have just spoken to him and he seems willing to amend the clauses I have mentioned - says he will speak to HR tomorrow so fingers crossed.

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Jackstini · 05/01/2011 22:02

Just when I felt sorted have a new dilemma. Current company have counter offered! (never expected them to but they came back 24 hours after I handed in my notice)

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