Employment Contract Review
The client has provided a Contract of Employment for review, which involves an agreement between an employee and a company. The contract details the employee's role as a Marketing Executive, with employment commencing in 2020 and subject to a probationary period of three months. The document outlines compensation, holiday entitlements, and termination provisions, governed by the laws of the jurisdiction. The agreement includes clauses regarding confidential information, company property, and conflict of interest, and it references the relevant court for jurisdiction. The contract appears to be signed by a representative of the company.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkIs this contract of employment legally binding as per UK employment law?
The contract of employment appears legally binding under UK law. Essential elements such as offer, acceptance, consideration, and intention to create legal relations are present. The agreement is signed by the company, indicating mutual consent. Moreover, it provides clear terms about employment duration, duties, salary, holiday entitlements, and termination conditions, which are typical requirements for a legally binding contract. However, discrepancies like holiday entitlement below the statutory minimum and absence of an HR department raise concerns that could affect enforceability.
Are there any clauses in this contract that are unusual or that I should be particularly aware of?
The contract contains several clauses to be aware of: 1. Probationary Period: During the initial three months, employment can be terminated with just a week's notice. 2. Confidentiality Clause: This clause restricts use and disclosure of confidential information even after employment ends. 3. Termination Clause: The company can pay in lieu of notice, excluding accrued holiday, which could affect financial planning. 4. Holiday Entitlement: The contractual holiday of 23 days plus public holidays is below the statutory minimum of 28 days. 5. No HR Department: The reference to HR policies raises questions about enforcement and grievance procedures.
Given the probationary period outlined, what rights do I have during this time and what are the implications if the company decides to terminate my employment?
During the probationary period, employment rights are slightly reduced. The company can terminate employment with one week's notice. However, statutory rights, such as pay for work done and protection against discrimination, still apply. If the company decides to terminate your employment during this period, they must comply with notice requirements and cannot discriminate against you.
How does the termination clause affect my rights if I decide to leave the company, and what are my entitlements if the company chooses to terminate my employment?
The termination clause stipulates that one month's written notice is required to leave the company. If the company terminates your employment, they must also provide one month's notice or payment in lieu of notice, excluding accrued holiday entitlements. During the probationary period, the company can terminate employment with one week's notice.
Are there any potential conflicts with the confidentiality and conflict of interest clauses that I need to be aware of in my personal or professional circumstances?
The confidentiality clause restricts the use or disclosure of confidential information both during and after employment. Be cautious about sharing any company information with third parties or using it for personal gain. The conflict of interest clause prohibits engaging in additional work without written approval. Ensure these activities do not conflict with your role.
Please can you help me find out what I am owed from my employer for unused holiday days?
To determine the amount owed for unused holiday days, calculate your accrued holiday entitlement based on your annual allowance, prorated for the length of your employment. You are entitled to receive payment in lieu of unused days upon termination, calculated at your daily rate.
