Need an employment contract solicitor? Get to know what to look forward to when a contract of employment is analysed, marked and settled by professional counsellors.
It can be challenging to find your way through a contract of employment. This is the reason why it is a wise step involving an expert Employment Contract Solicitor. It is always better to seek expert advice whether you are having a new position or your employer suggests some changes during the course of the job, so that your rights and duties can be thought through in the beginning. This article will examine what an employment contract solicitor can do, what to look at when choosing the right professional to undertake the job, and what the main points are that you should consider in your contract.
What is the rationale for hiring an employment contract solicitor?
It is a solicitor of employment law who will add expert legal expertise. The employment law is subtle: the general employment rights, the alterations in regulation and the nuances in the drafting are all taken into consideration. A solicitor can:
- Read through the employment contract and identify the areas of concern.
- Give advice as to the implications of each term,
- Negotiate amendments in your person, and
- Make sure your contract meets the statutory rights and best practices.
This gives you some peace of mind and a better foundation for the future stability of employment.
What to consider in a contract review service.
When looking at an employment contract, look for the following:
- There is a definite scope of work that is going to be reviewed and what counsel is given.
- Clear fee policy – is it an hourly rate or a fixed fee?
- Practice in employment law – preferably having represented employees (or employers) in your industry.
- A promise of down-to-earth advice – not only legal nonsense, but practical advice on your part.
- Good communication – one is supposed to ask questions and learn the implications of various clauses.
Knowledge of the contract of employment.
The legal basis of your employment relationship is established by the contract of employment. Key items typically include:
- The parties ( employer and employee),
- Start date, duties and job title,
- Salary, bonus and benefits,
- Working hours and location,
- Periods of notice and rights of termination,
- Laws of confidentiality, intellectual property and data protection,
- Restrictive covenants (non-competition covenant or non-solicitation).
A solicitor will analyse each aspect in order to make sure that the rights will be preserved and the obligations will be reasonable.
Red flags to be aware of
When a solicitor is reviewing an employment contract, he/she will point out those issues that are of concern which may include:
- Provisions that prevail over statutory employment rights – these are not necessarily binding.
- Unreasonable notice, probation or termination.
- Highly general or broad non-competition provisions.
- Indistinct bonus or commission plans.
- The commitments that seem disproportionate to the position or the industry standard.
Early detection of these helps you to evade significant problems in future.
Changes proposed in the employment.
The employment contract is not fixed and the employer can occasionally come up with some changes due to a change in business structure, business relocation, cost reduction or any updated job description. A specialist employment contract solicitor would prove helpful in such cases. They are able to identify if the proposed change is legal, clarify whether your consent is necessary or not, and assist you in having better terms or an alternative agreed to in case the amendment is not fitting for you. Also, they can measure the risks of rejecting the change, such as the possible consequences of dismissal or redundancy. With the help of professionals, you are more in control of your job position by learning these factors.
Drafting and amendment preparation of negotiations.
In case the original contract is not satisfactory, you can negotiate with the help of your employment contract solicitor. This may involve:
- Demanding better salary, terms of benefits or bonuses,
- Altering the restrictive covenants to render them fairer,
- Making unclear responsibilities or location specifications clear,
- Writing changes to a mutual understanding.
This professional contribution will assist you in joining the employment relationship with an advantageous position.
Cost and value of the service
The fee for hiring an employment contract solicitor differs. Such common models are a charge per simple contract, or per hour on more complicated ones. Value is the key: the price must be paid with the reduced risk and a clarified and more advantageous position. Early investment can be a much less expensive choice to make than a dispute in the future.
Timing: when to approach a solicitor.
Examples of the best time to meet with an employment contract solicitor would be:
- Prior to the offer of employment and the contract of employment,
- When your employer suggests that the contract be altered,
- Following a conflict or in case you think that your rights have been violated,
- When taking on a senior, high-risk or very specialised position (which is a bonus, share option or restrictive).
By the time you are ready, you are already on the right track.
What it generally consists of.
When you direct an Employment Contract Solicitor to examine your contract of employment, the steps that are normally adhered to include:
- You present a copy of the contract and suggested amendments.
- The solicitor goes through it carefully showing important obligations, rights and risks.
- They write you advice, give you clauses as explained.
- They may negotiate with your employer or write amendment papers, in case it is required.
- You choose the way to move forward, to accept it, renegotiate more or in other instances to reject the role.
Effective communication and advice on time is the key to an efficient review.
Last checklist: prepare yourself to see your doctor.
Before you see your contract solicitor on the employment contract, you should have prepared:
- A copy of the contract of employment and other related materials (employee handbook, bonus scheme, share option plan).
- Information on your position, pay, benefits and any suggested changes.
- Any issues or strange provisions that you would like to negotiate?
- Your future intentions (i.e. relocation, more responsibilities or other options).
This is because being organised means that you will get the best of the review and your decisions will be informed.
Conclusion
Hiring an effective employment contract solicitor is a prudent measure to take when embarking on a contract of employment or when going through one. Based on a review of the terms, the ability to detect red flags, bargain for changes in the understanding during employment, and the knowledge they possess is priceless. Begin your working relationship on a positive note —make sure your contract captures your rights and interests, and gives you a clear understanding of the future.
If you already have a contract of employment that you wish to have reviewed or appraised professionally, then you should think about hiring a specialist employment law solicitor. Nothing less should become your career and peace of mind.
