WORKPLACE ANSWER
What should I check in my employment contract?
Understand the key terms to check in your employment contract before you sign, from pay and working hours to notice, benefits and restrictions.
Quick Answer
Before signing your employment contract, check that the main terms match what you believe you have been offered. Pay particular attention to your job title, salary, working hours, place of work, holiday, probation period, notice and any bonus or benefits.
Also look for clauses dealing with flexibility, confidentiality and restrictions that could apply after you leave. If something is different from what you were expecting, missing or unclear, ask your employer to explain or correct it before you sign.
Keep a copy of the final contract and any other documents that form part of your employment terms.
Pay close attention to probation terms, sick pay policies, and any restrictive clauses that might affect future employment.
Start by Checking the Basics
Start with the details that identify the job and the employment relationship. Small errors can be easy to overlook when you're concentrating on salary or benefits.
Check:
- your employer's correct name;
- your name;
- your job title;
- your employment start date;
- any earlier date that counts towards continuous employment, where relevant;
- whether the role is permanent, fixed-term or another arrangement; and
- your normal place of work and any requirement to work at other locations or travel.
If any of these details are different from what you agreed during recruitment, ask about the difference before signing.
Pay, Bonus and Benefits
Check that your salary matches the amount you were offered and make sure you understand when and how you will be paid.
Look for:
- your basic salary;
- how often you will be paid;
- whether overtime is paid and, if so, how;
- any bonus or commission arrangements;
- pension arrangements;
- allowances;
- private medical insurance or other benefits, where offered; and
- any circumstances in which payments or benefits can change.
Pay particular attention to bonus and commission wording. A payment described as discretionary may work differently from a guaranteed contractual payment. If an important part of your expected earnings is not clearly reflected in the contract or associated scheme documents, ask for clarification.
Working Hours and Working Pattern
Check what the contract says about when you are expected to work. This is particularly important if specific hours, hybrid working or another working pattern was discussed during recruitment.
Look for:
- your normal weekly hours;
- normal working days;
- start and finish times, if specified;
- shift or rota requirements;
- expectations around overtime or additional hours;
- weekend or evening working, where relevant; and
- any flexibility the employer says it has to change your hours or working pattern.
If the contract gives the employer flexibility to change your working arrangements, read that wording carefully rather than assuming your current pattern can never change.
Holiday and Other Leave
Check how much annual leave you will receive and how the entitlement operates.
Look for:
- your annual holiday entitlement;
- whether bank or public holidays are included in that entitlement or provided separately;
- the employer's holiday year;
- how holiday is requested and approved;
- any rules about carrying holiday forward; and
- any enhanced contractual family or other leave offered by the employer.
Some of the detailed rules may be contained in a separate holiday or leave policy rather than the contract itself, so check any documents the contract refers to.
Probation Period
If the job has a probation period, check exactly what the contract says about it.
Look for:
- how long probation lasts;
- whether the employer can extend it;
- whether different notice arrangements apply during probation;
- whether any benefits are affected during probation; and
- how successful completion of probation is confirmed.
There is no single standard contractual probation period or probation notice arrangement that applies to every job. The wording of your contract matters.
Notice and Ending Employment
Your contract should explain how much notice you normally need to give if you resign and how much notice your employer will normally give if it ends your employment.
Check:
- your notice period;
- the employer's notice period;
- whether different notice applies during probation;
- whether the contract allows payment in lieu of notice;
- whether garden leave provisions are included; and
- how notice must be given.
These terms may become important much later, so it is worth understanding them before you agree to the contract rather than waiting until you want to leave.
Check the Other Terms and Policies
Your contract may also contain or refer to other terms that could become important during your employment. Check what it says about sick pay and absence, workplace policies and any flexibility or variation clauses.
If your employer provides contractual sick pay, check how it works and whether the detailed arrangements are contained in your contract or a separate sickness absence policy. You should also know where to find the absence reporting procedure, including who you should contact and when if you are unable to work.
Some detailed workplace arrangements may be contained in a staff handbook or separate policies rather than the contract itself. Check which documents your contract refers to and whether they are described as contractual or non-contractual.
If the contract contains a flexibility or variation clause, look carefully at what it actually allows the employer to change. A flexibility clause should not simply be read as giving an employer unlimited freedom to change any term in any way.
If a flexibility clause could affect something particularly important to you, such as your working hours, location or duties, ask how the employer expects the clause to operate in practice.
Check Any Restrictions After You Leave
Some contracts contain obligations that continue after your employment ends. These are easy to overlook when you're starting a new job because they may not seem immediately relevant.
Look for clauses covering:
- confidentiality;
- use or return of company information and property;
- working for competitors;
- dealing with or approaching clients or customers;
- approaching former colleagues; and
- other restrictions that apply after employment.
These types of restrictions can be legally complex and whether a particular restriction is enforceable depends on its wording and the circumstances. If a restriction could significantly affect your future career or ability to work, consider getting advice before agreeing to it.
Does the Contract Match What You Were Offered?
Compare the contract with your offer letter and what was agreed during recruitment.
Pay particular attention to:
- salary;
- job title;
- bonus or commission;
- working location;
- home or hybrid working;
- working hours;
- benefits;
- start date; and
- any other term that was important when you accepted the job.
If something important was promised during recruitment but is missing from the contract, or the written wording is different from what you understood, raise it before signing.
Do not assume an important verbal promise will automatically resolve contradictory written wording later. Ask for the agreed position to be clarified in writing.
What Should I Do If Something Is Wrong or Unclear?
You do not need to understand every piece of legal terminology before asking a question. If something is unclear, ask your employer or recruiter what the clause means and how it is intended to work in practice.
If something is factually wrong or different from what was agreed, ask for it to be corrected. If an important point is clarified or changed, ask for the final agreed position to be recorded in writing.
Keep copies of your offer letter, final contract and any important correspondence about the terms you agreed.
If a clause could have a significant effect on your pay, ability to work elsewhere or another important right and you remain unsure what it means, consider getting independent advice before signing.
Final Checklist Before You Sign
Before you sign your employment contract, use these questions as a final check:
Does the salary match what I was offered?
Are my job title, start date and place of work correct?
Are the working hours and working pattern what I expected?
Do I understand my holiday entitlement?
Do I understand what happens during my probation period?
How much notice would I need to give if I leave?
Are any bonus or commission arrangements guaranteed or discretionary?
Have I seen the policies or other documents the contract refers to?
Are there restrictions that could affect where I work after leaving?
Is anything important that I was promised during recruitment missing or different?
What Usually Happens Next
Once you have reviewed the contract, you may be comfortable signing it or you may have questions for your employer or recruiter.
If something needs clarification or correction, raise it before signing where possible. Your employer may explain the wording, provide another policy or document, or issue an amended contract if something needs changing.
Once the terms are agreed, keep a copy of the final contract and any documents or correspondence that explain important parts of your agreement. You may need to refer back to them later if your role, working arrangements or employment situation changes.
Frequently Asked Questions
Do I have to sign my employment contract straight away?
If you have been given a contract to review, take the time to read it carefully before signing. Check that the main terms match what you believe you have been offered and ask about anything important that is unclear or unexpected.
If your employer or recruiter has given you a deadline for returning the contract and you need more time to understand a significant term, ask whether they can give you additional time to review it.
What if my employment contract is different from my job offer?
Compare the contract with your offer letter and anything important that was agreed during recruitment. Pay particular attention to your salary, job title, working hours, location, bonus or commission, benefits and start date.
If something important is missing or different from what you understood, raise it before signing and ask for the agreed position to be confirmed in writing.
What should I check about my probation period?
Check how long your probation period lasts, whether your employer can extend it, whether different notice arrangements apply during probation and whether any benefits or other terms operate differently during this period.
There is no single standard contractual probation period or probation notice arrangement that applies to every job, so check what your own contract says.
What are restrictive covenants in an employment contract?
Restrictive covenants are contractual restrictions that can apply after your employment ends. For example, they may restrict certain work with competitors, contact with clients or customers, or approaches to former colleagues.
Their effect and whether a particular restriction is enforceable will depend on its wording and the circumstances. If a restriction could significantly affect your future career or ability to work elsewhere, consider getting advice before agreeing to it.
What should I do if I don't understand a clause in my contract?
Ask your employer or recruiter to explain what the clause means and how it is intended to work in practice. If their explanation changes or clarifies something important, ask for the agreed position to be confirmed in writing where appropriate.
If the clause could significantly affect your pay, working arrangements, ability to leave or future employment and you are still unsure what it means, consider getting independent advice before signing. You can also read “I don't understand my employment contract” for further guidance.
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Important: WorkAnswers provides general workplace information and guidance. It is not a substitute for legal advice about your specific situation.
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Talk It Through
Received a contract and unsure what a clause means or whether it matches what you were offered? Talk through what you've received and the questions you may want to ask before signing.