Employment Contract Review: What It Really Covers
Why a contract review is worth the money before you sign
Most people sign an employment contract on the morning they start, surrounded by induction paperwork and a laptop that will not connect. The clauses that matter later — restrictive covenants, notice periods, confidentiality, garden leave, bonus clawback — are rarely read properly at that moment. A solicitor reviewing the same document will focus on perhaps six clauses and tell you which three could cost you real money.
Take a sales manager offered a role in Southampton with a basic salary of £52,000 and commission of £18,000. Buried in the contract is a non-compete barring her from working for any competing business within 40 miles for twelve months. That clause, as drafted, is probably too wide to be enforceable — but she would only find that out after a dispute, and her new employer might withdraw the offer rather than risk an injunction. Reviewing it first gives her something concrete to negotiate.
The cost of a review is modest against the risk. A straightforward contract check typically runs from £150 to £400 plus VAT, and a full negotiated redraft of a senior executive package can reach £800 to £1,500. Compare that with a three-month gap in earnings caused by an over-broad restraint.
The clauses that cause the most trouble
Restrictive covenants
Non-compete, non-solicitation and non-dealing clauses must protect a legitimate business interest and go no further than reasonably necessary. Courts in England and Wales read them strictly against the employer who drafted them. A six-month non-solicitation of clients you personally dealt with is usually defensible; a blanket ban on working anywhere in the sector is often not. Geography matters too — a clause covering the whole of Hampshire for a junior role looks punitive, while the same clause for a regional director may hold.
Notice, probation and pay deductions
Check whether your notice period lengthens after a set number of years, and whether the employer can pay you in lieu of notice. Look at probation clauses that extend automatically if nobody confirms your status — you can end up on a six-month probation that quietly rolls on. Deductions from wages are only lawful where statute allows or where you have agreed in writing, so a clause permitting the employer to recover "any losses" from your salary is worth challenging.
Employment solicitors based in Eastleigh and similar commuter towns see a steady stream of these queries because the local workforce is mobile and highly competitive. People move between nearby employers and discover, too late, that their old contract restricts exactly that move.
Settlement agreements and disputes
A settlement agreement is a different job from a contract review, and the fees work differently. The employer normally contributes a set sum — commonly £250 to £500 plus VAT — towards your independent legal advice, which is a legal requirement for the agreement to bind you. A solicitor will check the payment figure, the reference wording, the treatment of accrued bonus and holiday, and whether the confidentiality clause is mutual or only one-way.
If matters have already gone wrong, employment solicitors' fees become more variable. Some charge hourly at £180 to £350 plus VAT; others offer fixed fees for drafting a grievance or a letter before claim. Note the tribunal deadlines: three months less one day from the act complained of for most claims. Early conciliation through Acas stops the clock, but only for the period of the conciliation itself.
Discrimination, diversity and getting advice early
Discrimination claims sit in a category of their own. Solicitors dealing with diversity and discrimination issues in St Neots or anywhere else will ask for a dated timeline before advising, because the burden of proof shifts once you show facts from which discrimination could be inferred. Keep emails, meeting notes and messages; memory alone is weak evidence eighteen months on.
When choosing a firm, ask three questions: does the adviser specialise in employment rather than general practice, what is the likely total cost to the end of the matter, and who will actually handle the file. A named partner at a Hull firm such as Myer Wolff may be the reason you instruct them, but a trainee may do the drafting. That is not a problem if it is explained.
Finally, read the contract before your first day, not after. Ask for the staff handbook too — policies on flexible working, overtime and disciplinary procedure are often incorporated by reference, and they can change without your signature.