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Help with an employment contract please

telbert

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Hi all, i started work as a PAYE manager with a company about 7 weeks ago. They are based in ROI & NI but all my work is in UK mainland. Ive just received my contract to sign and there's a couple of things that im not happy about.
Firstly the period of notice from them to me in the first month says immediate, then from 1 to 6 months its a week, while my notice to them is 6 weeks and if i fail to give adequate notice they will deduct that periods money from my final salary payment.
Secondly the contract states that when my employment is terminated by either party for whatever reason, i cant work for another company in the same industry for a period of 2 months. Theres no way ill be signing this with these 2 statements in place but i dont just want to tell them to fuck off either. 99% of my adult life ive worked freelance/subby/LTD so im not entirely sure if this even legal. Can someone clue me up on this please.
Ta
 
Clauses about not working for other companies in the same industry are “restraint of trade” and as such they are unlikely to be enforceable unless there is a very good reason or perhaps if you are paid gardening leave. As far as I know.

The notice terms are unusual but lawful: one week’s notice is all they are obliged to give, and your notice to them can be varied by contract. Again, as far as I know, and the jurisdiction question may complicate things - although I’m pretty sure that if your place of work is in the UK, domestic law applies.

IANAL.
 
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Hi all, i started work as a PAYE manager with a company about 7 weeks ago. They are based in ROI & NI but all my work is in UK mainland. Ive just received my contract to sign and there's a couple of things that im not happy about.
Firstly the period of notice from them to me in the first month says immediate, then from 1 to 6 months its a week, while my notice to them is 6 weeks and if i fail to give adequate notice they will deduct that periods money from my final salary payment.
Secondly the contract states that when my employment is terminated by either party for whatever reason, i cant work for another company in the same industry for a period of 2 months. Theres no way ill be signing this with these 2 statements in place but i dont just want to tell them to fuck off either. 99% of my adult life ive worked freelance/subby/LTD so im not entirely sure if this even legal. Can someone clue me up on this please.
Ta
There are more knowledgeable people on here than me, but if they want to stop you working for anyone else for two months, I'm pretty sure they would have to carry on paying you.
 
subject to the disclaimer that i'm not a lawyer and it's a while since i have been a union rep...

i think where they are based is irrelevant - they are (unless this was clearly agreed in advance) employing you in the UK, and therefore UK employment law would apply (the whole 'work from home' thing is relatively new, i'm not sure how it works if an employee voluntarily goes for a job with a non UK company and works from home in the UK.

just because something is in a contract doesn't necessarily make it legal or enforceable - a contract can not over-ride employment law.

you have few protections against 'unfair dismissal' until you have 2 years' service in. (although dismissal because of discrimination on one of the grounds in the equalities act, and i think for raising genuine health + safety concerns, or simply for being a trade union member, apply from day one.)

one week's notice is legal minimum after you've been employed for a month. more on this at ACAS website here.

from same source there does not seem to be anything in law about notice periods to resign, or anything about unbalanced notice periods. there might be an argument that this is an 'unreasonable contract' but not sure i'd want to offer any thoughts on that.

i understand there is precedent of companies suing for damages if an employee fails to give contractual notice to resign, but think case law has held that they have to prove they have incurred losses (e.g. paying high day rates to an interim worker, or losing business or something.)

i think they would be on thin ice if they witheld wages and accrued holiday pay you have already earned if you quit, although you would probably have to take them to court / tribunal and argue about it.

without knowing what you do, and what they do, i don't know to what extent 'the same industry' would be an issue. you say you're a PAYE manager - so would that be classed as 'your industry' or would whatever line of business they are in be 'the same industry'? my gut feeling is the latter. would you be able to get another job as a PAYE manager or similar for a company in a different industry? (or are you in a particularly specialised niche?) it's not something i know a lot about, but would have thought it's a specialist role that can be done in most industries, so not sure this is much of an issue. but i may have misunderstood something.

and if you went back freelancing, even short term, would they even know?

ACAS say "this area of the law can be complex" when it comes to restrictive covenants - something saying you can't go and work for a competitor, or where there's a conflict of interests (e.g. going and working for a supplier / customer) is not unknown. but this seems dubious for someone who (if i've understood right) isn't really doing anything in the technical / creative side of their business.

i'm not sure quite where you stand if you're already a couple of months in to the job and only now see the contract, and how much of it they could try, let alone succeed in, enforcing, if you tell them you're not accepting it.

i'm inclined to think you want advice from someone more informed than me.

are you in a union? that would be the obvious, failing that, ACAS do have an advice line that individuals can call, although i don't know how far they would be able to go with the specifics here.
 
Clauses about not working for other companies in the same industry are “restraint of trade” and as such they are unlikely to be enforceable unless there is a very good reason or perhaps if you are paid gardening leave. As far as I know.

The notice terms are unusual but lawful: one week’s notice is all they are obliged to give, and your notice to them can be varied by contract. Again, as far as I know, and the jurisdiction question may complicate things - although I’m pretty sure that if your place of work is in the UK, domestic law applies.

IANAL.

Agree with both of these.

(I am a lawyer but not an employment lawyer, and have dealt with our firm’s HR for 20 years)
 
also IANAL but can't you send an amended/redacted contract with your demands/stipulations in and then it is up to them to agree to it?
 
There are some things that should be in an employment contract so that it complies with what needs to be set out in the basic particulars of employment:


But beyond that it's up to you to negotiate.

The basic particulars of employment is a day 1 right btw
 
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